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COMPILATION 



LAWS OF LOUISIANA 



Xi ELATING TO THP 



Free Public SGhcx)ls, 



EMBRACING ALL LAWS NOW IN FORCE 



Proper Managemeilt and Government 
of the Public Schools, 



RULES AND REGULATIONS ADOPTED BY THE 
STATE BOARD OF EDUGATION. 



Miscellaneous Information for the Guidance of 
School Officials, 



FIFTH COMPILATION. 
Jas. B. AswELL, State Superintendent of Public Education. 



BATON ROUGE: 

THM TIMBS. QB-ffXCLAJu JOUENAL OF r.OTJISIANA. 
1905. 



COMPILATION 




LAW^S OF LOUISIANA , ^^ 

/ 

RELATING TO THE , 

Free Public Schools, 



EMBRACING ALL LAWS NOW IN FORCE 



Proper Management and Government 
of the Public Schools, 



RULES AND REGULATIONS ADOPTED BY THE 
STATE BOARD OF EDUCATION, 



llsgellaneous information for the guidance of 
School Officials. 



FIFTH COMPILATION. 
Jas. B. Aswell, State Superintendent of Public Education. 



BATON ROUGE: 

THK TIMES. OFFICIAL JOTTRNAr. Of LOUISIANA. 

190.=). 



CT 1 1907 
D, OF D. 



LOUISIANA STATE BOARD OF EDUCATION. 



Members of the State Board of Education charged with the 
•superintendence and direction of public instruction : 

Governor NEWTON C. BLANCHARD, President. 

State Superintendent JAS. B. ASWELL, Secretary. 

Attorney-General WALTER GUION. 

Hon. D. C. SCARBOROUGH, Natchitoches. 

Hon. THOS. H. LEWIS, Opelousas. 

Hon. WALTER J. BURKE, New Iberia. 

Hon. a. BRITTIN, New Orleans. 

Capt. E. L. KIDD, Ruston. 

Prof. T. H. HARRIS, Baton Rouge. 

Dr. JAS. H. DILLARD, New Orleans. 

"We must make Education and Progress our countersign 
and watchwords." — Gov. Blanchard. 



PREFACE. 



The numerous requests for copies of the school laws and 
school regulations have induced the compiler to prepare this 
edition, in which will be found information of practical value, 
Eot only to members of the different school boards, but as well 
to teachers and the patrons of the public schools generally. 

While the compilation presents only such laws as the com- 
piler finds in the Statutes relating to public education, and de- 
cisions of courts of high authority — also, the rules and reg-u- 
lations adopted by the State Board of Education — he ventures 
to hope and believe that the compilation will prove useful, and 
assist in disseminating a more thorough knowledge of the school 
laws, and that the views expressed will coincide, in the main, 
with such as are held on the subject by worthy teachers, and 
by the friends and promoters of public education. 

JAS. B. ASWELL. 

August 31, 1905. 



INTRODUCTIOlNr. 



The laws in relation to free public schools have been re? 
TTiodelled so frequently since last compilation, that the State 
Board of Education directed that a compilation of the laws rela- 
tive to schools be prepared and published in pamphlet for dis- 
tribution. This compilation is made in compliance with the 
Board's order. 

THE REVENUES. 

Provisions have been made to enable the local authorities 
and the people of any district to increase the revenues for 
schools. 

The present law imposes upon the Sheriffs the duty of 
Taaking a list of poll tax payers annually — by the tenth day of 
January — and of placing it in the hands of the Assessor and 
|Clerk of the District Court. 

He is ^charged with the total amount of this list, and under 
the law cannot be relieved from responsibility before he has es- 
tablished satisfactorily that he has exercised due diligence. A 
failure to comply with the provisions of Act 180, of 1902, ren- 
ders said Sheriff' liable to a fine of five hundred dollars, same to 
1)6 paid to the School Board of the parish of which he is Sheriff. 

SIXTEENTH SECTIONS. 

The Parish Board of School Directors have those sections in 
•charge. The location should be established, and all questions 
relative to title in certain cases settled. The number of acres 
sold should be ascertained, and the amount due. The notes due, 
representing the purchase price of lands donated for schools, 
should be collected. 

The school boards in the several parishes should examine the 
records in the office of the Recorder of Mortgages, for the pur- 
pose of ascertaining what parts of the sixteenth section school 
lands have been sold, and to whom sold; what sales have been 
annulled, and what suits, for the collection of sixteenth section 
notes, have been filed. When this shall have been done, the state- 
ment showing the school sections in the parish should be com- 



6 

pared with the lists in the office of the Auditor and Superintend- 
ent of Public Instruction, and errors, if any, corrected. 

NURIBER OF CHILDREN OF SCHOOL AGE. 

The law provides for more correct returns of the number of 
children of school age in each parish. The Assessor and Parish 
Superintendent are entrusted with this duty. It is important, 
as near as possible, to ascertain the correct number, otherwise the 
distribution cannot be correct and just. 

THE TAXATION BY POLICE JURIES. 

The local authorities having power to levy taxes, can in- 
crease the parish taxation for schools. Several parishes have 
increased the taxation above the maximum heretofore established 
under the repealed law. 

COMFORT OF PUPILS. 
The school boards have the authority to assess and collect 
for each family one dollar per annum, to provide fuel, and for 
defraying the expenses necessary for the comfort of the pupils. 
Whenever possible, this amount should be collected and expended 
in the manner proposed. 

SCHOOL HOUSES. 

It is of the utmost importance to build school houses. The 
schools will be more permanent if inviting school houses be 
constructed. The law, authorizing the tax payers to tax them- 
selves to construct improvements, has been copied in this com- 
pilation. 

THE OFFICERS. 

Under the present law, the duties of the officers are clearly 
defined. The school boards are entrusted with the important 
functions. The effectiveness of the school system depends in 
great part upon their exertion in behalf of the schools. 

The Parish Superintendent is the secretary of the board, 
and executive officer. As the executive officer, he has the super- 
vision of the different schools in charge. He should report 
their condition to the board, and see to the enforcement of the 
law, and to a thorough compliance, on the part of the teacher, 
v/ith the duties devolved upon him. The faithful teacher has 
considerable to perform. His influence is far-reaching when his; 



duties are attended with well directed energy. The coitmiuaity 
at once feeis the importance of his services. The law in turn- 
gives him authority over the pupils, to maintain pro])er dis- 
cipline. Decisions are reported in this compilation on the^ 
subject. 

With good judgment and care, ()rofessioiial (jualifications 
and considerate intelligent action on the part of the parish su- 
perintendent, well regulated schools will prove highly useful 
and be maintained. 

INSTITUTES. 

One of the features of the law adopted during the session 
of the General Assembly in 1904, relates to Parish I]istitutes. 
They are organized under the direction of the Board of Institute 
Managers. The Parish Superintendent should co-operate in 
the organization of these institutes to the end that at least one 
institute be conducted in his parish each year under the pro- 
visions of the statute governing such institutes. They create 
an interest in the cause of education that will result in a better 
and more cheerful support of the schools, and in an improve- 
ment in the teachers. It unites them, creates a healthier sym- 
pathy, and organizes a teacher force that must result in general 
improvement. 

SUMMER NORMAL SCHOOLS. 

During the session of 1904 the General Assembly made lib- 
eral appropriation for the maintenance of Summer Normal 
Schools, and the State Board of Education passed resolutions en- 
couraging teachers to attend these schools. 

The value of these summer schools had been demonstrated 
through the limited number heretofore conducted with the smali 
appropriation at hand. With the liberal appropriation now avail- 
able it is possible to "have such schools within easy reach of every 
teacher in the State. It is, therefore, earnestly hoped that parish 
school boards will see fit to give substantial encouragement to 
their teachers to the end that all the teachers within the State 
may willingly take advantage of this means of self-improvement. 



8 

HYGIENE AND SCIENTIFIC TEMPERANCE. 

A law has been adopted relative to hygiene ; also with refer- 
ence to the effects of narcotics, and requiring lessons to be 
taught on the subject of scientific temperance in all the schools. 
This requirement is important and should be strictly observed. 

ELEMENTARY AGRICULTURE. 
The State Board has directed that the elements of agricul- 
ture be taught in the public schools of the State. A text-book has 
been adopted, and this subject should be gradually introduced 
and taught in the said schools. 

THE LAA¥ IN RELATION TO FREE SCHOOLS. 

The laws, the compilation of which is now presented to all 
those feeling an interest in the free schools, have been adopted 
after due deliberation. The best enaction will be as naught, if 
not enforced with some energy. 

Energy and intelligent interest in behalf of the free schools, 
will bring about good results in a very short time. 

The free school system has been made the cherished policy 
of the State and of the general government. It devolves upon 
the citizens to assist in developing that policy, and to aid in 
maintaining a useful system of public education. 

Very respectfully, 

JAS. B. ASWELL. 



ARTICLES OF THE STATE CONSTITUTION (1898) 
HAVING REFERENCE TO PUBLIC EDUCATION. 

Art. 53. (Limitation of Legislative Powers.) — No money 
shall ever be taken from the public treasury, directly or indi- 
rectly, in aid of any church, sect or denomination of religion, or 
in aid of any priest, preacher, minister or teacher thereof, as 
such; and no preference shall ever be given to, nor any dis- 
crimination made against, any church, sect or creed of religion, 
or any form of religious faith or worship ; nor shall any appro- 
priations be made for private, charitable or benevolent purposes 
to any person or community : provided, this shall not apply to the 
State Asylum for the Insane and State Institution for the Deaf 
and Dumb and State Institution for the Instruction of the 
Blind, and the charity hospitals and public charitable institutions 
conducted under State authority. 

Art. 230. (Educational Institutions Exempt from Tax- 
ation.) — The following shall be exempt from taxation, and no 
other, viz : All public property, places of religious Avorship, 
or burial, all charitable institutions, all buildings and property 
used exclusively for public monuments or historical collections, 
colleges and other school purposes, the I'eal and personal estate 
of any library, and that of any other library association used 
by or connected with such library, all books and philosophical 
apparatus, and all paintings and statuary of any company or 
association kept in a public hall: provided, the property so 
exempted be not leased for purposes of private or corporate 
profit and income. ****** 

Art. 231. (Poll Tax of One Doll.vb. ) — The General As- 
sembly shall levy an annual poll tax of one dollar ux>on every 
male inhabitant in the State between the ages of twenty-one 
and sixty years, for the maintenance of the public schools in 
the parishes where collected. (See ''Poll Tax.") 

Art. 232. (School Tax on a Vote op Property Tax-Pay- 
ers.) — The State tax on property for all purposes whatever, in- 
cluding expenses of government, schools, levees and interest, 
shall not exceed, in any one year, six mills on the dollar of its 
assessed valuation, and, except as otherwise provided in this 
Constitution, no parish, municipal or public board tax for aU 



10 

purposes whatsoever, shall exceed in any one year ten mills on 
the dollar of valuation : provided, that for giving additional 
support to x:)ublic schools, and for the purpose of erecting and 
constructing public l)uildings, public school houses, bridges, 
wharves, levees, sewerage work and other works of i)ermanent 
public improvement, the title to which shall be in the public, 
any parish, municipal corporation, ward or school district may 
levy a special tax in excess of said limitation, whenever the rate 
of such increase and the number of years it is to be levied and 
the purpose or purposes for which the tax is intended, shall 
have been submitted to a vote of the property taxpayers of each 
parish, ward or school district entitled to vote under the elec- 
tion laws of the State, and a majority of the same in numbers 
and in value voting at such election shall have voted therefor 
(See "Special School Tax.") 

Art. 248. (Free Schools; for Whom; Apportionment 
or Funds.) — There shall be free public schools for the white 
and colored races, separately established by the General Assem- 
bly, throughout the State, for the education of all the children 
of" the vState between the ages of six and eighteen years; pro- 
vided, that where kindergarten schools exist, children between 
the ages of four and six may be admitted into said schools. All 
funds raised by the State for the support of public schools, 
except the poll tax, shall be distributed to each parish in pro- 
portion to the number of children therein between the ages of 
six and eighteen years. The General Assembly, at its next 
session, shall provide for the enumeration of educable children. 

Art. 249. (State Superintendent.) — There shall be 
elected by the qualified electors of the State a Superintendent 
of Public Education, who shall hold his office for the term of 
four years, and until his successor is qualified. His duties shall 
be prescribed by law, and he shall receive an annual salary of 
two thousand dollars. The aggregate annual expenses of his 
office, including his salary, shall not exceed the S7im of four 
thousand dollars. 

Art. 250. (State Board of Education; Parish Boards 
AND Officers.) — The General Assembly shall provide for the 
creation of a State Board and Parish Boards of Public Edu- 
cation. The Parish Boards shall elect a Parish Superintendent 
of Public Education for their respective parishes, Avhose quali- 



11 

fieations sliall be fixed by, the Legislature, and who shall be ex- 
officio secretary of the Parish Board. The salary of the Parish 
Superintendent shall be provided for by the General Assembly, 
tc be paid out of the public school funds accruing to the re- 
spective parishes. 

Art. 251. (French May Be Taught.) — The general exer- 
cises in the public schools shall be conducted in the English lan- 
guage; provided, that the French language may be taught in 
those parishes or localities where the French language pre- 
dominates, if no additional expense is incurred thereby. 

Art. 252. (Application of the Poll Tax.) — The funds 
derived from the collection of the poll tax shall be applied ex- 
clusively to the maintenance of the public schools as organized 
under this Constitution, and shall be applied exclusively to the 
support of the public schools in the parish in which the same 
shall be collected, and shall be accounted for and paid by the 
collecting officer directly to the treasurer of the local school 
board. 

Art. 253. (Sectarian Schools Cannot Receive Public 
School Funds.) — No funds raised for the support of the public 
schools of the State shall be appropriated to or used for the 
support of any private or sectarian schools. 

Art. 254. (School Funds — Op What They Shal:. Con- 
sist.) — The school funds of the State shall consisr of: 1st. Not 
less than one and one-quarter mills of the six mills tax levied and 
collected by the State. 2d. The proceeds of taxation for school 
purposes as provided by this Constitution. 3d. The interest 
on the proceeds of all public lands heretofore granted or to be 
granted by the United States for the support of the public 
schools, and the revenues derived from such lands as may re- 
main unsold. 4th. Of lands and other property heretofore and 
hereafter bequeathed, granted, or donated to the State for 
school purposes. 5th. All funds and property, other than un- 
improved lands, bequeathed or granted to the State, not desig- 
nated for any other purpose. 6th. The proceeds of vacant es- 
tates falling under the law to the State of Louisiana. 7th. The 
legislature may appropriate to the same fund the proceeds of 
public lands not designated or set apart for any other purpose, 
and shall provide that every parish shall levy a tax for the pub- 
lie schools therein, which shall n(?t exceed the entire State tax; 



12 

provided, that with siich a tax the whole amount of parish 
taxes shall not exceed the limits of parish taxation fixed by this 
Constitution. The City of New Orleans shall make such appro- 
priations for the support, maintenance and repair of the public 
schools of said city as it may deem proper, but not less than 
«ight-tenths of one mill for one year; and said schools shall 
continue to receive from the Board of Liquidation of the City 
Debt, the amounts to which they are now entitled under the Con- 
stitutional amendment, adopted in the year 1892. 

Art. 255. (State University and A. and M. College.) — 
The Louisiana State University and Ao;ricultural and Mechan- 
ical Colleo-e, founded upon land grants of the United States to 
<^ndow a seminary of learning and a college for the benefit of 
agriculture and mechanic arts, now established and located in 
the City of Baton Rouge, is hereby recognized ; and all revenues 
derived and to be derived from the seminary fund, the Agricul- 
tural and Mechanical College fund, and other funds or lands 
donated to or to be donated by the United States to the State of 
Louisiana for the use of a seminary of learning or of a college 
for the benefit of agriculture or the mechanic arts, shall be ap- 
propriated exclusively to the maintenance and support of the 
said Louisiana State University and Agricultural and ^lechani- 
cal College; and the General Assembly shall make such addi- 
tional appropriations as may be necessary for its maintenance, 
■support, and improvement, and for the establishment, in con- 
nection with said institution, of such additional scientific or 
literary departments as the public necessities and the well being 
of the people of Louisiana may require. 

The Tulane University of Louisiana, located in New Or- 
h^ans, is hereby recognized as created, and to be developed in 
accordance with the provisions of the legislative act No. 43, ap- 
proved July 5th. 1884. and by approval of the electors, made 
part of the Constitution of the State. (See Act 12, 1904.) 

Art. 256. (Other State Schools.) — The Louisiana State 
Normal School, established and located at Natchitoches; the 
Industrial Institute and College of Louisiana, whose name is 
I'Creby changed to the Louisiana Industrial Institute, estab- 
lished and located at Ruston ; and the Southern University, now 
■established in the City of New Orleans, for the education of 
persons of color, are hereby recognized : and the General As- 



13 

sembly is directed to make such appropriations from time to 
time as may be necessary for the maintenance, support and im- 
provement of these institutitms ; provided, that the appropria- 
tion for the maintenance and support of the Louisiana Indus- 
trial Institute shall not exceed fifteen thousand dollars per an- 
num, and that for the Southern University shall not exceed 
ten thousand. (See Act 18, of 1904.) 

Art. 257. (Interest Due the Townships.) — The debt due 
by the State to the free school fund is hereby declared to be the 
sum of one million, one hundred and thirty thousand, eight 
hundred and sixty-seven dollars and fifty-one cents in princi- 
pal, and shall be kept on the books of the Auditor and Treasurer 
t' the credit of the several townships entitled to the same; the 
said principal being the proceeds of the sales of lands hereto- 
fore granted by tiie United States for the use and support of 
free public .schools, which amount shall be lield by the State 
as a loan, and shall be and remain a perpetual fund, on which 
the State shall pay an annual interest of four par cent, and 
siiid interest shall be paid to the several townships of the State 
entitled to the same, in accordance with the Act of Congress, 
No. 68, approved February 15th, 1843. 

Art. 258. (Debt Due Seminary Fund.) — Tbe debt due by 
the State to the seminary fund is hereby declared to be one 
hundred and thirty-six-thousand dollars, being the proceeds of 
the sale of lands heretofore granted by the United States to 
this State for the use of a seminary of learning, and said amount 
shall be kept to the credit of said fund on the books of the 
Auditor and Treasurer of the State as a perpetual loan, and the 
State shall pay an annual interest of four per cent on said 
amount. 

Art. 259. (Debt Due A. and M. College.) — The debt due 
by the State to the Agricultural and Mechanical College fund 
is hereby declared to be the sum of one hundred and eighty- 
two thousand three hundred and thirteen dollars and three 
cents, being the proceeds of the sale of lands and land script 
heretofore granted by the United States to this State for the 
use of a college for the benefit of_ agricultural and mechanical 
arts; the said amount shall be kept to the credit of said fund 
on the books of the Auditor and Treasurer of the State as a 
perpetual loan, and the State shall pay an annual interest of 
five per cent on said amount. 



14 

Art. 260. (How Interest Shall Be Paid.) — The. interest 
due on the free school fund, the seminary fund and the Agri- 
cultural and Mechanical College fund, shall be paid out of any 
tax that may be levied and collected for the payment of the 
interest on the State debt. 

Art. 261. (School Books for Indigent Pupils.) — All 
pup.']s in the primary grades in the public schools throughout 
the Parish of Orleans, unable to provide themselves with the 
requisite books, an affidavit to that effect having been made by 
one of the parents of such pupils, or if such parents be dead, 
shall be furnished with the necessary books, free of expense, to 
be paid out of the school fund of said parish; and the School 
Board of the Parish of Orleans is hereby directed to appro- 
priate annually not less than two thousand dollars for the pur- 
pose named, provided such amount be needed. (See Act 55, 
€f 1902.) 

Art. 60. (Establishment of Additional Educational 
€>R Charitable Institutions.) — No educational or charitable 
institution, other than the State institutions now existing, or 
expressly provided for in this Constitution, shall be established 
by the State except upon a, vote of two-thirds of the members 
elected to each House of the General Assembly. 

Art. 210. (Eligibility to Office.) — No person shall be 
eligible to any office. State, judicial, parochial, municipal or 
ward, who is not a citizen of this State, and a duly qualified 
elector of the State, judicial, district, parish, municipality or 
ward, wherein the functions of said office are to be performed. 
And whenever any officer. State, judicial, parochial, municipal 
or ward, may change his residence from this State, or from the 
district, parish, municipality or ward in which he holds such 
office, the same shall thereby be vacated, any declaration of re- 
tention of domicile to the contrary notwithstanding. 

Art. 235. (Inheritance Tax for Public Schools.) — The 
Legislature shall have power to levy, solely for the support of 
the public schools, a tax upon all inheritances, legacies and 
donations; provided, no direct inheritance, or donation, to any 
ascendant or descendant, below ten thousand dollars in amount 
or value shall be so taxed; provided, further, that no such tax 
shall exceed three per cent for direct inheritances and do- 
nations to ascendants or descendants, and ten per cent for col- 



lateral inheritances, and donations to collaterals or strangers; 
provided, bequests to educational, religious or charitable insti- 
tutions shall be exempt from this tax. 

Art. 236. The tax provided for in the preceding article 
shall not be enforced when the property donated or inherited 
shall have borne its just proportion of taxes prior to the time 
of such donation or inheritance. (See Act 45, 1904.) 

STATE BOARD OF EDUCATION. 

(State Board of Education and General Provisions, S. 
1, A. 214, '02.)— The Governor, Superintendent of Public Edu- 
cation and the Attorney General, together with seven citizens 
appointed by the Governor, one from each Congressional District 
of the State, shall be a body politic and corporate by the name 
and style of the Board of Education for the State of Louisiana, 
with authority to sue and defend sviits in all matters relating 
to the public schools. The above specified seven citizens shall 
receive, as compensation for their services in attending the meet- 
ings of the board, their actual traveling expenses and per diem 
for the number of days that the board is in session, the same as 
members of the State Legislature, payable on their warrants, 
approved by the president and secretary of the board, out of 
the current school fund. 

(Officers; Salaries; Time of Meeting; Publication op 
Minutes, S. 2, Act 167, '04.) — The Governor shall be ex-officio 
the President, and the State Superintendent, Secretary. The 
State Superintendent shall be authorized to appoint an assistant 
secretary whose salary shall not exceed twelve hundred dollars 
($1,200) a year, to be fixed by the Board, payable monthly on 
the warrant of the State Superintendent of Public Education. 
The Board shall meet on or before the first Monday in December 
of each year, and at other times when called by the State Su- 
perintendent of Public Education. The acts of the Board shall 
be attested by the signatures of the President and the Secretary 
of the Board. All papers, documents, and records appertaining 
to the Board shall be filed by the Secretary in the office of the 
State Superintendent of Public Education. The State Superin- 
tendent may publish, if he sees fit, or at the request of the Board, 
the proceedings of the State Board of Education in the official 
journal of the State, or in an official pampWet. 



16 

(Duties and Powers; Appoint School, Directors; Num- 
ber; Text-Books, Etc., S. 3, Act 214, '02.)— The State Board of 
Education shall appoint for each parish in the State, except the 
Parish of Orleans, a Board of School Directors consisting of not 
less than one member for each ward in the parish, provided that 
no parish shall have less than five directors. They shall be citi- 
zens of the parish possessed of the requisite scholastic and moral 
qualifications for their important office. The Governor shall 
issue a commission to each of said directors. The State Board of 
Education shall prepare rules, by-laws and regulations for the 
government of the public schools of the State, which shall be 
enforced by the parish superintendents and the several school 
boards, and shall give such directions as it may see proper as to 
the branches of study which shall be taught. The State Board 
shall strictly enforce a uniformity of text-books in all the public 
schools, and shall adopt a list thereof, which shall remain un- 
changed for four years after such adoption. For satisfactory 
reasons shown to said Board, it may change said list or adopt a 
list generally preferred by teachers and parents in certain lo- 
calities, maintaining as far as possible a uniformity of text-books, 
and without placing parents and guardians to further expense. 
The adoption of such list and apparatus shall be by contract to 
the lowest bidder subject to the change aforesaid, and to the best 
advantage as to cost to pupils. 

(May Require Reports of Parish Superintendents, S. 4, 
A. 214, '02.) — The State Board of Education may require re- 
port t(^ be made by the parish superintendent whenever the in- 
terest of the eonniion schools indicate the necessity of other i-e- 
ports than now required. 

(Term of Office; Oaths; Vacancies, S. 5, A. 214, '02.) — 
The term of office of the members of the parish school boards 
and of the parish superintendents shall be for four years from 
the time of their appointment. If a vacancy occurs, the unex- 
pired term shall be filled as hereinbefore provided. These offi- 
cers shall take the usual oath of office, which oath shall be filed in 
the office of the State Superintendent of Public Education. 

(State and Parish Boards Exempt from Furnishing 
Bonds in Suit, S. 4. A. 82, 73.) — In all judicial proceedings 
where, by law, bond and security are required from litigants, 
the State Board of Education shall be dispensed from furnishing 



17 

bond or security ; and in all suits in which the State or parish 
board of education may be plaintiffs, defendants, interveners, 
garnishees, or interested in any manner whatsoever, it shall be 
the duty of the court before whom such suits are pending, on the 
aflidavit of the attorney representing the State or parish board 
of education, if the case is one of serious public interest and in 
which a speedy decision is desirable, to set the cause for trial by 
preference, and all such cases may also be fix^d for trial as early 
as possible on motion or petition of the attorney of the State or 
parish board of education. 

(Accepting x\nd Regulating Donations, Act 158, '04.) — 
Section 1. Be it enacted by the General Assembly of the State 
of Louisiana, That the Board of Education for the State of 
Louisiana; the Board of Directors of the public schools of 
each and every parish of the State, the Parish of Orleans in- 
cluded, shall have the power to accept and administer donations 
mortis causa or inter vivos for any educational or literary pur- 
pose whatsoever, and it shall be lawful for any one to make such 
a donation of any description of property, and to any amount 
to any one or more of such boards. 

Sec. 2. Be it further enacted, etc., That the donoi' shall 
have the right to prescribe the manner in which ihe property 
shall be administered, and the objects to which it or any part 
thereof, or the revenues thereof, shall be applied ; provided, how- 
ever, that property donated, cannot be made inalienable, but the 
donor thereof shall have the right to prescribe in what manner, 
and under what circumstances, the donees shall be empowered 
to sell the same, or any portion tliereof , or to change any invest- 
ment once made. 

Sec. 3. Be it further enacted, etc., That said Board or 
Boards shall administer the property entrusted to them in con- 
formity with the directions contained in the act of donation, 
and shall have all the powers needed in such administration, 
but cannot mortgage nor encumber the donated property, ex- 
cept as may be prescribed in the act of donation. The said 
Board or Boards shall be entitled to no remmieration for their 
services, unless expressly granted in the act of donation. 

Sec. 4. Be it further enacted, etc., That the provisions of 
the laws of this State, relative to substitutions fidei commissa 
and trusts shall not be deemed to apply or affect donations made 



18 

for the purposes and in the manner provided in this act, and 
all laws or parts of laws conflicting with the provisions of this 
act be, and the same are hereby repealed in so far as regards the 
purposes of this act, but not otherwise. 

(Eeports of State and Parish Boards and Officers, S. 1, 
A. 36, '94.) — In addition to the biennial reports now required 
by law from State and district boards, the State and district 
officers, or other persons receiving or disbursing State or district 
funds, said boards, oflficers and persons shall render, in writing, 
to the State Auditor, semi-annual itemized detailed reports, 
which in case of the report of a board or its representatives, shall 
be signed by the president and secretary of the board, showing 
the several sums received and from what source, and the several 
sums disbu7'sed and for what purpose and to whom paid, the 
said reports to be made on or before the first days of June or 
December of each year; and in the event of the failure so to do 
on the part of any board or district officer or other person above 
Darned, the Auditor shall report the delinquency to the Governor 
within fifteen days after said failure, who shall be author- 
fzed thereupon, to remove from office the members of said board, 
&r district officer or other person as for cause, unless it may be 
made to appear to the satisfaction of the Governor, that said 
failure or- delinquency occurred from unavoidable or excusable 
causes. 

(School Boards Bodies Corporate, S. 7, A. 214, '02.) — ■ 
The several school boards are constituted bodies corporate, with 
power to sue and be sued under the name and style of the "Par- 
ish Board of Directors of the Parish of , ' ' as the case 

may be. Citations shall be served on the President of the Board. 

(Dttty and Authority of Parish Boards. S. 8, Act 167, 
'04.) — The parish boards of directors shall elect from among 
their number a president. They shall elect or appoint for a term 
of four years a parish superintendent, who shall be ex-officio sec- 
retary of the board. He shall be a person of high moral char- 
acter, and a practical educator. They are authorize^ to appoint, 
in their discretion, auxiliary visiting trustees for each ward or 
f5chool district, or school in the parish ; such trustees shall make 
quarterly reports to the parish boards of the actual condition 
of the schools, and shall make needful suggestions in all matters 
relating to the schools they have in charge as trustees. The par- 



19 

ish board of directors shall report to the State Board of Edaca- 
tion all deficiencies in the schools, or neglect of duty on the part 
•of teachers, superintendent or other officer. They shall visit and 
examine the schools in the several school districts of the parish 
from time to time, and they shall meet and advise with the trus- 
tees when occasion requires, if auxiliary trustees be appointed by 
the parish board. They shall determine the number of schools to 
be opened, the location of the school houses, the number of teach- 
ers to be employed, and their salaries; and the said school board 
is entrusted with seeing that the provisions of the State school 
law are complied with. They shall make such rules and by-laws 
for their own government, not inconsistent with the State school 
law, as they may deem proper. The regular meeting oi each par- 
ish board shall be held on the first Saturday of January, April, 
July and October, and it may hold such special or adjourned 
meetings as the board may determine or as occasion may require. 
Each member shall receive payment for his attendance at board 
meetings, provided that the amount of such payment be not fixed 
by the said board at more than three dollars a day for the day or 
number of days in which the board is in actual session ; provided, 
also that mileage not to exceed live cents per mile may be allowed, 
to be computed upon the shortest distance from the directors' 
homes to the place of meeting of the board. The school board 
shall exercise proper vigilence in securing for the schools of the 
parish all funds destined for the support of the schools, includ- 
ing the State fund apportioned thereto, the poll tax collectable, 
and all other funds. The secretary shall keep a record of all 
transactions and proceedings. The school board may receive 
lands by purchase or donation, for the purpose of erecting a 
school house, provide for and secui-e the erection of the same, con- 
struct such out-buildings and enclosures as shall be conducive to 
the protection of property, make repairs and provide the neces- 
sary furniture, equipments and apparatus. All contracts for im- 
provements shall be to the lowest responsible bidder, the board 
reserving the right to reject any and all bids. They shall have 
the power to recover for any damages that may be done to the 
property in their charge ; they may, by a two-thirds vote of the 
whole board, after due notice, change the location of the school 
house, sell or dispose of the old site, and use the j)roceeds thereof 
towards procuring a new one. 



20 

(Term of Office; Parish Officers, S. 5, A. 214. '02.) — 
T'lie term of office of the members of the parish school boards- 
and of the parish superintendents shall be for four years from 
the time of their appointment. If a vacancy occurs, the unex^ 
pired term shall be filled as hereinbefore provided. These offi- 
cers shall take the usual oath of office, which oath shall be filed in 
the office of the State Superintendent of Public Education. 

(Removal of Mjembers School Board, S. 6, A. 214, ''02.)- — 
For incompetency, neglect of duty, or malfeasance in office, the- 
Governor may remove a member or members of the parish boards 
of school directors, subject to the ratification of the State Board' 
of Education. 

(Eestrictions on Contracts and Debts, S. 73, A. 81, '88.) 
— That the different boards of directors shall not be empowered 
to make contracts or debts for any one year greater than the 
amount of revenue provided for according to this act, it being- 
the intent thereof that parties contracting with said board shall 
take heed that due revenue shall have been provided to satisfy 
the claim, otherwise they may lose and forfeit the same, and no 
action or execution shall be allowed in aid thereof, and that the- 
board shall not exceed their powers in incurring the debt. 

(Removal of Parish Superintendent, S. 9, Act 167, '04.) — 
For incompetency, neglect of duty, or malfeasance in office, the 
parish board of school directors may remove the parish super- 
intendent, sub.ject to an appeal to the State Board of Ednca- , 
tion, provided this appeal be taken within ten days after his- 
removal. The appeal shall not have the effect of suspending tlie 
board's action of removal during its pendency ; 'but the parish 
superintendeufc shall be reinstated if the State Board of Educa- 
tion decides that he was removed without cause, and reverse the- 
decision of the parish school board. 

(Attorney of Parish Board, S. 10, A. 214, '02.)— The Dis- 
trict Attorney of the district or any other attorney selected by 
the board, shall act as counsel for the parish board. 

(EsTARLISHMENT of JrllGB. AND GraDED ScHOOLS ; ASSESS- 
MENT OP One Dollar, S. 11, A. 214, '02.) — The parish school 
board shall have authority to establish graded schools, and to 
adopt such a system in that connection as may be necessary to 
assure their success ; central or high schools may be established 
when necessary. The ordinances establishing such schools 
adopted by the parish school boards shall be submitted to the- 



21 

'State Board of Education, and no high school shall be opened 
withoiTt its sanction ; and no such school shall be established 
unless the amount be donated for the site, and suitable buildings 
ure provided for without any expense out of the school fund; 
provided, that the board of directors of the Parish of Orleans 
shall not require the sanction of the State Board for the pur- 
poses aforesaid. The school boards shall have authority to assess 
and collect one dollar per annum on each family, siirviving 
parent or guardian, who actually sends a child or children to the 
public schools of the district, tt) be collected in such manner as 
-said board shall determine, which amount shall be used in pro- 
viding the school house with fuel and defraying the necessary 
■expenses for the comfort of the school. 

(Duties President Parish Board, S. 24, A. 214, '02.) — The 
president of the parish board shall preside at all the meetings of 
the board, call special meetings Avhen necessary, advise v/ith and 
assist the parish superintendent and directors in promoting the 
success of the schools, and generally do and perform all other 
acts and duties pertaining to his office as the president of the 
board. All deeds and contracts for the schools, vacluding those 
with teachers shall be signed by him ; the contracts with teachers 
shall also be signed by the parish superintendent. (See de- 
<^ision on president's contracts.) 

(Contracts with Sectarian Schools Prohibited, S. 14, 
Act 214, '02.) — The parish boards of directors of the several par- 
ishes of this State are prohibited from entering into any con- 
tract, agreement, understanding, or. combination, tacitly or ex- 
pressly, directly or indirectly, with any church, monastic or other 
religious order or association of any religious sect or d'tnomiaa- 
tion whatsover, or with the representatives thereof, for the pur- 
pose of running any public school or schools of this State, to 
gether or in connection or in combination with any private or 
parochial school, or other institution of learning which may be 
imder the control, authority, supervision, administration or man- 
agement of any church, monastic or other religious order or as- 
sociation of any religious sect or denomination whatsoever. 

(School Boards Bodies Corpor.vte, S. 7, A. 214, '02.) — 
The several' school boards are constituted bodies corporate, with 
power to sue and be sued under the name and style of the ' ' Par- 
ish Board of Directors of the Parish of , ' ' .as the case 

"may be. Citations shall be served on the President of th;:- Board. 



22 

(State and Parish Boards Exempt from Furnishing- 
Bonds in Suit, S. 4, A. 82, 73.) — In all judicial proceedings 
-where, by law, bond and security are required from litigants, the 
State Board of Education shall be dispensed from furnishing 
bond or security ; and in all suits in which the State or parish 
board of education may be plaintiffs, defendants, intervenors, 
garnishees, or interested in any manner whatsoever, it shall be- 
the duty of the court before whom such suits are pending, on 
the affidavit of the attorney representing the State or parish 
board of education, if the case is one of serious public interest 
and in which a speedy decision is desirable, to set the cause for 
trial by preference, and all such cases may also be fixed for trial 
MS early as possible on motion or petition of the attorney of the 
State or parish board of education. 

(Division op Parish Into Districts, Records, S. 15, Act 
214, '02.) — It shall be the duty of the parish board with the par- 
ish superintendent to divide the parish into school districts of 
such proper and convenient area and shape as will best accom- 
modate the children of the parish. The parish board shall as 
soon as practicable proceed to the work imposed upon them, and 
upon completion of this work they shall make a report to the 
parish superintendent, which report shall contain the boundary 
and description of said district designated by number. The 
parish superintendent shall record the same in a well bound' 
book kept by him for the purpose, which book shall be held by 
said parish superintendent, and be at all times open to inspec- 
t:^on. Parish boards, if they deem it to the best interest of the 
schools, may divide the parish into districts without reference 
to the wards in the parish. 

(School Districts in Two Ad.joining Parishes; How Laid 
Off, S. 16, Act 214. '02.) — The parish superintendent of two 
adjoining parishes, where the division line intersects a neighbor- 
hood whose convenience require it, may lay off a district com- 
posed of parts of both of the parishes. Such districts shall be 
reported by the parish superintendent, together with a census of 
the school children only as belonging to the parish in which the- 
school house may be situated, and reports shall be made by th-i- 
assessor and parish superintendent as though the district lay- 
entirely in the parish. 



23 

(Option Which District School Cuildkkn Shall At- 
tend, S. 17, Act 214, '02.) — Where two school districts adjoin, 
it shall be lawful for the children in either of said adjoinino 
districts to be taught in and at such school house as shall be 
most convenient to them ; provided, that the tuition fee shall be 
paid to the district in which they are tauoht, and that no change 
be made without the consent of the school boards of the re- 
spective parishes. 

(Enumeration op Educable Youth. S. 1, A. 129, '98.) — 
The assessors of all the parishes of the State, includina,- the Board 
of Assessors of the Parish of Orleans, shall make an enumeration 
of all the educable children of the State before July 1st, 1899, 
and every four years thereafter. 

(Assessor's Enumeration, S. 2, 129, '98.) — It shall be the 
duty of the Assessor and the Board of Assessors of the Parish of 
Orleans to make a correct enumeration by giving the names of 
the educable children, between the ages of six and eighteen years 
in the respective parishes by race, sex and ward. This list of 
educable children shall be made in triplicate form, and written 
in ink. One list shall be furnished to the Auditor of Public Ac- 
counts, one list to the State Board of Education, and one list to 
the Board of School Directors of the parish in which the enumer- 
ation is made. It shall be the duty of the Assessors and the 
Board of Assessors of the Parish of Orleans to swear to the cor- 
rectness of said list or lists before a competent officer, w^ho shall 
attach a certificate thereof on each list before filing them. 

(Assessor's Pay for Enumeration, S. 3, A. 129, '98.) — The 
Parish Board of School Directors shall pay the Assessors four 
cents for the enumeration of each educable child in their respec- 
tive parishes on the approval of the work of enumeration by the 
State Board of Education, which shall be signified to the Parish 
Boards by the Secretary of State Board under seal. In the event 
the State Board of Education for any cause deems the enumer- 
ation made incorrect or improperly made out, it shall have the 
power aTid authority to order a new eniuneration in the parishes 
where the inaccuracies are found, without extra compensation. 

(Assessor's Blanks to be Furnished by Auditor, S. -1, 
A. 129, '98.)— It shall be the duty of the Auditor of Public 
Accounts to furnish blank forms ruled to set forth the required 
names of the educable children by wards, with the race, sex and 



24 . 

age of the children, to the Assessors and the Board of the Parish 
of Orleans. 

(Penalty foe Neglect, S. 5, A. 129, '98.) — In case of 
wilful negligence and refusal to comply with the provisions of 
this act, the Governor shall have the power and authority to 
remove any assessor or member of the Board of Assessors from 
office for such refusal or negligence. 

(Oath and Bond Requered, Act 19 of 1878.) — Section 1. 
That all State, district and parochial officers of this State, whethtr 
elected or appointed, shall be required, within thirty days after 
the receipt of their conrmission, to take the oath of office pre- 
scribed by law, and give bond, where bond is required, and cause 
the same to be filed in the proper office in the manner required 
by law. 

Sec. 2. That the failure of any officer to comply with the 
requirements of Section 1 of this act, within the limitations 
thej-ein fixed, shall operate a vacation of such office and the 
Governor shall proceed to fill said office by appointment, as in 
other cases of vacancy. 

Sec. 3. That any officer of this State, whether State, dis- 
trict or parochial, who has heretofore been elected or appointed 
to office, and who has failed to take the oath required by law, 
and to give bond, where bond is required, in accordance with 
existing laws, within thirty days from the date of the promulga- 
tion of this act, and a failure to comply with these requirements, 
within the limitation fixed, shall operate a vacation of such 
office, and the Governor shall fill Ihc same by appointment, as in 
other cases of vacancy. 

(Assessors' Compensation, Sec. 2, A. 135, '02.) — Be it fur- 
ther enacted, etc.. That the Governor shall nominate, and by and 
with the advice and consent of the Senate, appoint one tax 
assessor for each parish of the State (except the Parish of Or- 
leans), who shall hold their offiice for the term of four (4) years, 
the first term beginning on the thirty -first (31) day of Decem- 
ber, 1900. * * * * He shaJl receive as an annual compen- 
sation for all his labors, services and duties four per cent (4 per 
cent) of the first fifty thousand dollars ($50,000) aggregate 
amount of all State, parish and poll taxes assessed, and two per 
cent (2 per cent) on any excess over fifty thousand dollars 
($50,000), and for his services, duties and labors in assessing 



25 

or extending on the rolls any and all levee taxes the sum of one 
hundred dollars ($100), except where the parish for which the 
assessor is appointed lies in more than one levee district; in 
which ease he shall receive the sum of two per cent (2 per cent) 
■on the aggregate amount of such taxes; provided no assessor 
«hall receive less than four hundred dollars ($-100) in any par- 
ish for each annual assessment of State, parish, poll, and all 
levee taxes. That the payment of this compensation shall be. 
distributed between the State, parish and school boards and 
other taxing district or division in proportion to the amount 
received by each; provided that if said office be already filled 
by appointment, this act shall not be construed as creating any 
vacancies therein, and the officers now^ appointed shall serve 
during the period for which they were appointed. 

(Accepting and Eegulating Donations, A. 158. '04.) — 
Section 1. Be it enacted by the General Assembly of the State 
of Louisiana, That the Board of Education for the State of 
Ijouisiana; the Board of Directors of the public schools of each 
and every parish of the State, the Parish of Orleans included, 
■shall have the power to accept and administer donations mortis 
■or inter vivos for any educational or literary purpose whatso- 
ever, and it shall be lawful for any one to make such a dona- 
tion of any description of property, and to any am.ount to any 
<:me or more of such boards. 

Sec. 2. Be it further enacted, etc.. That the donor shall 
have the right to prescribe the manner in which the property 
shall be administered, and the objects to which it or any pari 
thereof, or the revenues thereof, shall be applied : provided, how- 
ever, that property donated, cannot be made inalienable, but the 
donor thereof shall have the right to prescribe in what manner, 
and. under what circumstances, the donees shall be empowered 
tc sell the same, or any portion thereof, or to change any invest- 
ment once made. 

Sec. 3. Be it further enacted, etc.. That said board or 
boards shall administer the property entrusted to them in con- 
formity with the directions contained in the act of donation, 
and shall have all the powers needed in such administration, 
but cannot mortgage nor encmnber the donated property, except 
as may be prescribed in the act of donation. The said board or 
boards shall be entitled to no remuneration for their services, 
nnless expressly granted in the act of donation. 



Sec. 4. Be it further enacted, etc., That the provisions of 
the hiws af this State relative to substitutions fidei commissa 
and trusts shall not be deemed to apply or affect donations made 
for the purposes and in the manner provided in this act, and 
all laws or parts of laws conflicting: with the provisions of this 
act be, and the same are hereby repealed in so far as regards the 
purposes of this act, but not otherwise. 

(Reports of State and Parish Boards and Officers, S. 1, 
A. 36, '94.) — In addition to the biennial reports now required 
by law from State and district boards, the State and district 
officers, or other persons receiving or disbursing State or district 
funds, said boards, officers and persons shall render, in writing, 
to the State Auditor, semi-annual itemized detailed reports, which 
in case of the report of a board or its representatives, shall be 
signed by the president and secretary of the board, showing 
the several sums received and from what source, and the sev- 
eral sums disbursed and for what purpose and to whom paid, 
the said reports to be made on or before the first days of June 
or December of each year; and in the event of the failure so tc 
do on the part of any board or district officer or other person 
above named, the Auditor shall report the delinquency to the 
Governor within fifteen days after said failure, who shall be 
authorized thereupon, to remove from office the members of said 
board, or district officer or other person as for cause, unless it 
may be made to appear to the satisfaction of the Governor, that 
said failure or delinquency occurred from unavoidable or ex- 
cusable causes. 

(Statements of Accounts by Officers, 2, A. 36. '94.) — 
All parish boards and parish officers having in charge the recep- 
tion of, or disbursement of, public funds shall make semi-annual 
itemized, detailed accounts as required above to the clerk of court 
of the respective parishes, under the forms, conditions and pen- 
alties enumerate in Section 16 of this act. 

(Penalties for Non-Compliance, S. 3, A. 36, '94.) — In case 
any salaried officer of the State failing to file with the Auditor 
of Public Accounts semi-annual itemized, detailed accounts, as 
provided in the sixteenth section of this act the Auditor shall, 
within fifteen days thereafter, furnish to the Treasurer of the 
State, a certificate to that effect and thereafter it shall be illegal 
for the Auditor to audit any warrant of said officer for salary. 



27 

or the Treasurer to pay the same, until such time as the delin- 
quent officer shall have complied with the foregoing' provisions. 

(Powers of the District Board in Expropriations, S. 
1492, R. S.) — When land shall be required for the erecvion of a 
school house or for enlarging a school house lot, and the owner- 
refuses to sell the same for a reasonable compensation, the Dis- 
trict Board of School Directors shall have the power to select 
and possess such sites embracing space sufficiently extensive to 
answer the purpose of school house and ground. 

(Expropriation of Property for Public Schools; For 
School House Sites, Act 96, of 1896.) — Be it enacted by the 
General Assembly of the State of Louisiana, That Section 1479 
of the Revised Statutes of the State of Louisiana be amended 
an J re-enacted so as to read a?, follows : 

Whenever the State or any political corporation of the same, 
created for the purpose of exercising any portion of the govern- 
ment powers in the same, or the Board of Administrators of any 
Charity Hospital or any Board of Public School Directors there- 
of, or any corporation constituted under the laws of this State- 
for the construction of a railroad, plank road, turn pike, road or 
a canal for navigation or for the purpose of transmitting intelli- 
gence by magnetic telegraph, cannot agree with the owner of any 
land which may be wanted for its purchase, it shall be lawful for 
such State Corporation or Board to apply, by petition, to the 
district court in which the same may be situated; or, if it ex- 
tends into two districts, to the judge of either district court in 
v/hich the owner resides; and if the owner does not reside in 
either district, then to either of the district courts, describing 
the lands necessary for the purposes, with a plan of the same and 
a statement of the improvements thereon, if any, and the name 
of the owner thereof, if known, at present in the State, with a 
prayer that the land be adjudged to such State, corporation or 
board upon payment to the owner of all such damages as he may 
sustain in consequence of the expropriation of his lands for such 
public works ; all claims for land or damages to the owner caused 
by its taking or expropriation for such public works shall be 
barred by two (2) years prescription, which shrill connnence to 
run from the date at which the land was actually occupied and 
used for the construction of the works. 

Sec. 2. Be it further enacted, etc.. That all existing laws- 



28 

±or the forms and process of expropriation of property shall be 
applicable to the said section as thus amended and re-enacted. 

(Relative to the Value op the Grounds, S. 1493, R. S.) — 
Should such land holder deem the sum assessed top small, he 
shall have the right to institute suit before any proper judicial 
tribunal for his claim; but the title shall pass from him to the 
school corporation. 

(Penalty for Non-Performance of Duty, S. 1300, R. S.) — 
A failure on the part of any district, parish or State officer to 
p.^rform the duty imposed upon him by any section of this act, 
under the title, "Education," and in the manner herein specified, 
is hereby declared a misdemeanor in office. Upon conviction 
thereof, such officer shall be punished by a fine not less than 
fifty, and not exceeding one hundred dollars, and by imprison- 
ment in the parish prison for a term of not less than thirty days, 
and not exceeding three months. All prosecutions for offenses 
against this section shall have precedence over all cases before 
any justice of the peace, parish or district court. 

(May Require Reports of Parish Superintendents, S. 4, 
-A. 214. '02.) — The State Board of Education ma}^ require re- 
port to be made by the parish superintendent whenever the 
iiiterest of the common schools indicate the necessity of other 
reports than now required. 
STATE SUPERINTENDENT OF PUBLIC EDUCATION. 

(Office, Records, Vacancy, S. 26, A. 214, '02.) — A vsuitable 
tiffice shall be provided for the State Superintendent of Public 
Education at the seat of government, in which he shall file, each 
year separately, all papers, reports and public documents trans- 
mitted to him by the board and officers whose duty it is to report 
to him, and hold the same in readiness to be examined by the 
'Governor whenever he sees proper, and by any committee ap- 
pointed b}^ the General Assembly; and he shall cause to be kept 
a record of all matters appertaining to his office. In ease of 
vacancy in the office of Superintendent of Public Education, 
the Governor shall fill the vacancy aud submit the name of the 
appointee to the Senate for its confirmation at the first session 
held after the appointment. 

(Salaries. Office Expenses, Clerk, Porter, S. 27. A. 214, 
■02.) — The salary of the Superintendent of Public Education 
■shall be two thousand dollars per annum, besides which he shall 



29 

be entitled to office fixtures, stationery^ books, fuel and lights 
and everything needed to carry on the work of his office. He 
shall have authority to appoint a clerk and a porter, and pre- 
scribe the duties of each; provided, that the entire expenses of 
his office, including salaries, postage, and incidentals, shall not 
exceed the specified appropriation therefor, payable in monthly 
installments, out of the current school fund, by the Treasurer 
of the State, upon warrants of the State Superintendent. 

(Duties and Authority of the State Superintendent, S. 
28, A. 214, '02.)— The State Superintendent of Public Education 
shall have general supervision of all parish school boards in the 
parishes, and of all common, high and normal schools of the State, 
and shall see that the school system of the State is carried prop- 
erly into effect. He shall be ex-officio a member of the board of 
supervisors of the State University and Agricultural and" Me-" 
chanical College, the State Normal School, the State Industrial 
School at Ruston, the State Industrial School at Lafaj^ette, the 
Institute for the Deaf and Dumb, the State Institute for the 
Blind, the Southern University, and of all other institutions of 
learning under the control of the State or aided in whole or in 
part by the State. 

He shall visit all the parishes of the State as often as prac- 
ticable, and shall give due notice of the time of his visit to the 
parish superintendent, whose duty it shall be to meet and confer 
with the State Superintendent on all matters connected with the 
interests of the public schools of the parish. His expenses in- 
curred in the discharge of this duty shall be paid out of the cur- 
rent school fund, but shall not exceed the amount per annum 
for the purpose. 

Note — By A( t l(i3 of 1900 tli^ Stnte Sn}>erinten<leiit is a member of 
the Board of Control of the State Biologic Station. 

Bv resohition of Tulane Board of Administrators lie is also a member 
of said Board. 

(Accounts Kept by State Superintendent, S. 29, A. 214, 
'02.) — He shall keep an account of all orders drawn or counter- 
signed by him on the Auditor, of all returns of settlements, and 
make note of all changes, in the appointment of school treas- 
urers; whenever required any part of this account or note of 
change shall be furnished by the Auditor. 

(Biennial Report, S. 30, A. 214, '02.) — He shall bienniallv 
on or before the meeting of the General Assemblv, make a re- 



30 

■port of the condition and progress made and possible improve- 
ments to be made in the public schools; the amount and condi- 
tion of the school funds; how its revenues during the two pre- 
vious school years have been distributed; the amount collected 
and disbursed for public school purposes from local taxation, 
or from any other source of revenue, and how the same was 
expended. 

This report shall contain an abstract of the parish and city 
superintendent's report. He shall communicate all facts, sta- 
.tistics and itiformation as ar^e of interest to the public schools. 
He shall cause to be printed a sufficient number of copies for 
•distribution among the members of the General Assembly, the 
State officials, parish school boards, public libraries, and super- 
intendents of other States and Territories, and to meet all ex- 
changes of educational reports. 

(Suggestions to be Contained in Reports. S. 31, A. 214, 
'02.) — The Superintendent in his report shall set forth the ob- 
jects, and make suggestions which may be of interest and pro- 
mote the success of all the institutions of learning under his 
supervision. The Superintendents of these institutions shall an- 
nually, by the first day of March, furnish the State Superin- 
tendent of Public Education such statements of their respective 
institutions as may be necessary to enable him to make a full 
and satisfactory report. 

(Copies op Superintendent's Records Admissible in Evi- 
dence, S. 32, A. 214, '02.) — Certified copies of records and 
papers in his office shall in all cases be evidence as admissible 
as the original. He is authorized to make copies, when requested 
by any person so to do, of any papers deposited or filed in his 
office, and of any act or decision made by him, and certify the 
■^.ame, and he may demand therefor payment at the rate of 
twenty-five cents per one hundred words. 

(Reports in Certain Cases.- Conventions, S. 33, A 214, 
'02.)— It is made the duty of the State Superintendent of Public 
Education to report to the State Board of Education all neglect 
of duty or any improper uses made of school funds whenever it 
m.ay come to his knowledge. He shall hold annually, conventions 
in the several institute districts, selecting the most convenient 
and accessible points, for the purpose of consultation, advice and 



81 

instruction with parish superintendents in regard to supervision 
and management of the public schools. 

*( Decisions and Appeals, S. 34, A. 214, '02.)— The State 
■Superintendent shall decide all controversies or disputes that 
may arise or exist among the directors, or between the superin- 
tendents and the boards, .and between the superintendents and 
teachers concerning theier respective rights and duties. The facts 
of these controversies or disputes shall be made known to him 
by written statement by the parties thereto, verified by oath or 
affirmation, if required, and accompanied by certified copies of 
all necessary minutes, contracts, orders, or other documents. An 
appeal may be taken from his decision to the State Board of 
Education, provided it be taken within fifteen days after his 
■decision shall have been made. The Attorney General, when 
called upon by the Superintendent of Public Education, shall 
give his opinion in regard to any controversy or dispute. The 
Superintendent of Public Education shall, whenever required, 
give advice, explanations, constructions, or information to the 
district officers and superintendents, and to citizens relative to 
the public school laAv. the duties of public school officers, the 
rights and duties of parents, guardians, pupils, and all officers, 
the management of the schools, and all other questions calcu- 
lated to promote the cause of education. He shall perform all 
other duties imposed upon him by law. 

(Model Schools, Etc., S. 1303, R. S.)— The State Su- 
perintendent shall prescribe the course of study and super- 
vise the general curriculum in every particular not provided 
for in this law. He shall make provision for model, primary and 
grammar schools, under permanent and highly qualified teach- 
ers, in which the student of the normal school shall have oppor- 
tunity to practice in the art of teaching. 

The salary of the teachers of the model and experimental 
schools shall be paid from the tuition fees ierived from the pupils 
of said model school, and those of the normal school who pay for 
their tuition ; and any balance that may be required shall be paid 
by the State Board of Education out of the public school fund. 

*SBOTtON 34. This department will g-ladl- assist in every way 'n securing' uniform 
and satisfactory administration of school al'airs. The custom of answeringr proper 
inquiries, from school officers, teachers or others, touchingr constructions and apnli 
cations of school law^. will continue. All correspondence of this kind is filed he e for 
preservation, letter-press copies beiny taken for that purpose. It is obvious that we 
cannot comi)ly with reqnests for the return of letters of inquii-v with our replies. 

In appealing- to the State Superintendent copies of the charjres verifled by oath 
should be furnished the officers or persons complained against that they may answer 
for themselves. 



32 

(Appoint Attorneys in Certain Cases, S. 7, A. 122, 74.) — 
The Superintendent of Public Education may appoint a person 
of legal attainments in each school division (parish) of the State, 
to examine notes due and other assets arising out of purchase of 
lands granted to educational purposes; to recover lands im- 
properly held and revenues diverted, and generally protect the 
school interest in matters appertaining thereto. He (the attor- 
ney) shall be paid a commission on monej^s recovered, not ex- 
ceeding ten per cent, and on the value of lands and other prop- 
erty recovered, not exceeding five per cent. 

(State Superintendent's Semi-Annual Report, S. 3, A. 
36, '94.) — In case any salaried officer of the St-^te failing to file 
with the Auditor of Public Accounts semi-annual itemized, de- 
tailed accounts, as provided in the sixteenth section of this act 
the Auditor shall, within fifteen days thereafter, furnish to the 
Treasurer of the State, a certificate to that effect and thereafter 
it shall be illegal for the Auditor to audit .any warrant of said 
officer for salary, or the Treasurer to pay the same, until such 
time as the delinquent officer shall have complied with the fore- 
going provisions. 

PARISH SUPERINTENDENTS. 

(Ex-Officio Secretary; Salary, S. 35, A, 167,^ '04.)— -The 
parish school superintendent shall be ex-officio secretary of the 
parish school board in each parish of the State, the Parish of 
Orleans excepted; his salary shall be fixed by the parish school 
board, provided, that in no case shall it be less than six hundred 
dollars, ($600.00) per annum. 

(Term of Office; Duties; Qualifications, S. 8, A. 167, 
'04.) — * *■ * The parish board shall elect or -^.npoiut for a 
term of four years a parish superintendent, who shall be ex- 
officio secretary of the board. He shall be a person of high moral 
character, and a practical educator. * * * 

(Removal of Pz\.rish Superintendent, S. 9, Act 167, '04.) 
— For incompetency, neglect of duty, or malfeasance in office, 
the parish board of school directors may remove the parish 
superintendent, subject to an appeal to the State Board ^of Edu- 
cation, provided this appeal be taken within ten days after his 
removal. The appeal shall not have the effect of suspending the 
board's 'action of removal during its pendency; but the parish 



33 

superintendent shall be reinstated if the iState Board of Educa- 
tion decides that he was removed without cause, and reverse the 
decision of the parish school board. 

(Visits to be Made, S. 36, A. 214, '02.) — He shall during 
the year visit once, at least, each school district in the parish, 
and he shall exert his best endeavors in promoting the cause of 
common school education. To this end he shall faithfully carry 
out the requirements of the State school law and the rules and 
regulations made for the schools by the State Board of Educa- 
tion. 

(Committee for Examination op Teachers, S, 37, A. 214, 
'02.)— The board of school directors shall elect two persons 
either members or not members of the board at their discretion, 
who shall assist the parish superintendent in examimag ail 
applicants for certificates of qualification to teach in the public 
schools of the parish; these examiners shall mark all answer 
papers, tabulate the result and present the same to the parish 
board, which board shall select and appoint teachers for the 
schools of the parish in accordance with the provisions of the 
law. This shall be done at a special meeting of the board called 
for the purpose, when necessary, and all elections of teachers 
shall be carefully entered in the minutes of the proceedings. 
The answer papers of all persons examined shall be kept for 
one year in the office of the parish superintendent subject to the 
inspection of the persons examined, or persons specially author- 
ized by them. 

(Annual Report of Parish Superintendent, S. 38, A. 
214, '02.) — It shall be the duty of each parish superintendent, 
on or before the tenth day of January of each year, to cause to 
be placed in the hands of the State Superintendent of Public 
Education the official report of his parish schools for the pre- 
vious year, showing in tables an aggregate of the school districts 
in his parish, the districts in which the schools are taught, and 
the length of time taught, the number of children at school, the 
cost of tuition of each child per month and for the session, the 
number of private schools, colleges, and academies taught in the 
parish, and the length of the session of the same ; the number of 
teachers employed, male, female, white and colored, the average 
wages of male teachers, female teachers, the amount of money 
raised for school purposes in the parish by local taxation or other- 



34 

wise, and for what purpose it was disbursed; the number and 
kind of school liouses, the actual or approximate value of each, 
the number built during the year preceding the report, the num- 
ber of schools libraries and the number of volumes in each and 
the increase during the year, and the amount received and ex- 
pended for them. In case of his neglect or failure to make this 
report in the time required he shall forfeit and pay the sum of 
ten dollars per week, or fraction of a week, for the full time of 
liis delinquency; said amount to be collected by the parish board 
for the benefit of the institute fund of the State. 

(May Require Reports of Parish Superintendents, S. 4, 
A. 214, '02.) — The State Board of Education may require report 
to be made by the parish superintendent whenever the interest 
of the common schools indicate the necessity of other reports 
than now required. 

(Custody of Records, Papers and Documents, S. 39, A. 
214, '02.) — Each parish superintendent shall keep a record of 
a'A business transacted by him as parish superintendent, the 
names, numbers and description of school districts; the tabula- 
tion of the reports of school principals made monthly to him by 
the principals of the schools of his parish ; and all other papers, 
books and documents of value connected with his office ; and these 
shall be at all times sub.ject to inspection and examination by the 
State Superintendent of Public Education, or by any school 
officer or other person interested in any question pertaining to 
the public schools. In addition to his annual report to the State 
Superintendent of Public Education hereinbefore provided for, 
and which shall be made in accordance with instructions of the 
State Superintendent, he shall furnish to the Department of Edu- 
cation such narrative, and such information as the State Super- 
intendent may from time to time require of him. 

(Oaths Superintendents May Administer, S. 40, A. 214, 
'02.) — The parish superintendent may administer the oath re- 
quired of any of the officials of the common schools, or of any 
person required to make oath in any matter relating thereto, 
except to qualify directors. 

(Office Days, S. 41, A. 214, '02.)— He shall attend at his 
office, at the parish seat, on the first Saturday of January, April, 
July and October, in each year, and at such other times as may 
be necessary for him to receive the reports of teachers and others, 
and to transact the business required of him. 



35 

(Make QuxIrterly Reports to Parish School Boards, S. 
42, A. 214, '02.) — The parish superintendent shall make quarterly 
reports to the parish board of directors upon the condition of the 
•schools under his supervision. 

(Superintendent as Secretary to Keep Minutes of All 
Proceedings, S. 25, A. 214, '02.) — The secretary shall keep full 
Txiinutes of all proceedings of the board in a book provided for 
the purpose, and shall do and perform all other acts and duties 
legally pertaining to the office of the secretary of the board. 

(Register and Monthly Report, S. 60, A. 214, '02.) — Be 
it further enacted, etc.. That it shall be the duty of parish super- 
intendents and teachers of the public schools of the State to keep 
•such school records as shall be prescribed by the State Superin- 
tendent of Public Education. Prior to receiving his or her 
monthly salary at end of each month, each principal of a school 
■shall make to the parish superintendent a report of the entire 
number of pupils enrolled, the number of pupils in attendance 
'during the month, the books used, the branches taught, the num- 
l)er of pay pupils, and such other information as the parish 
■superintendent may deem important. If any principal wilfully 
Tieglects or fails to do this, the parish superintendent shall with- 
hold two dollars of the salary due for the benefit of the State 
Institute Fund. 

SCHOOL TREASURER. 

(Parish Treasurer Is Ex-Officio School Treasurer, S. 65, 
A. 214, '02.) — The parish treasurer in every parish (the Parish 
"of Orleans excepted) shall be, and is. constituted the treasurer of 
all school funds apportioned by the State to such parish, or raised 
collected or donated therein for the support of the free public 
■schools; he shall receipt for all such funds to the Treasurer of 
the State, and to the collector of parish taxes. 

(Bond of the Treasurer, S. 66, A. 214, '02.) — Before he 
•enters on the duties of his office, the parish treasurer of each 
parish shall, in addition to the bond required by existing laws, 
execute a bond in favor of the Governor of the State, with good 
and solvent security, in a sum equal to the amount annually 
apportioned to the parish ; the sureties on said bond shall be resi- 
dents of the parish, and shall own therein real estate worth, over 
and above all incumbrances, the amount of their obligations 
thereon ; said bond must be accepted by the president of the board 



36 

of parish school directors, and the clerk of the district court, who' 
shall record the same in the mortgage book of the parish, and 
shall forward to the State Superintendent of Public Education 
and to the State Treasurer a copy of said bond with a certificate- 
of its acceptance and registry endorsement thereon. 

(Guaranty Company's Bonds, Act 71, '04.) — Be it enacted' 
by the General Assembly of the State of Louisiana, That all 
Guaranty, Fidelity, Surety and Bond Companies doing business; 
in this State shall deposit with the State Treasurer either in 
money, United States or State, Levee District, or approved mu- 
nicipal bonds of the State, or the bonds of any other State of the 
United States, the bonds or stock of any city of the first or second 
class under the latest Federal census, or the bonds of any first- 
class railroad or railroad system, commanding not less than par 
at the time of the deposit, this approval to be by the Secretary of 
State, the value of said deposit to be maintained, the sum of 
at least fifty thousand dollars ($50,000.00), to be held subject 
to any claim, liens or judgments that may be judicially obtained 
against them in the courts of this State, or the Federal Courts- 
in this State, or arising' from any contract of insurance, or in- 
demnity, or fidelity, of guaranty entered into in this State, and 
to be liable to seizure and sale at the instance of any judgment 
creditor of such companies, under judgment obtained in any 
of the courts of this State or of the Federal Courts in this State 
against them. 

Section 2. Be it further enacted, etc.. That any company 
failing to deposit such smn on or before the first day of January, 
1905, shall forfeit its right to do any business in this State, and 
the Secretary of State shall revoke its authority to do any fur- 
ther business. And any company doing business in this State- 
after such revocation of authority by the Secretary of State shall 
be liable to all fines and penalties that now attach by existing 
laws to companies doing business in this State wdthout proper- 
authority. 

Section 3. Be it further enacted, etc.. That whenever any 
of the said companies desire to withdraw from doing business in 
this State it shall be permitted to do so upon furnishing the 
Secretary of State with satisfactory proof that it has paid and 
settled all claims against it on risks incurred in 'this State and 
shall then be permitted to withdraw any sums or bonds that it 



37 

may have deposited under the provisions of this act; provided, 
that for the purpose of said withdrawal, the Secretary of State 
shall not require evidence of the formal cancellation of the bonds 
■of public officials, but shall accept the quietus issued to said 
official and in cases where no quietus issues under the law, the 
lapse of one year from the officer's term of office shall for the 
purpose of this withdrawal be tantamount to a quietus. 

Section 4. Be it further enacted, etc.. That this act shall 
take effect from and after the first day of Janiiary, 1905. and all 
laws or parts of laws in conflict with or inconsistent therewith 
Idc and the same are hereby repealed. 

(Duties; Transfer of Funds; Books; Etc., S. 67, A. 214, 
'02.) — Said Treasurer immediately upon the acceptance of his 
l)ond, shall demand of his predecessor in the office of treasurer 
of the school funds, custody of all books and papers, and of all 
l)alanees of school moneys in his hands as custodian of the school 
funds of the parish. 

(How Funds Shall be Disbursed, S. 68, A. 214, '02.) — 
"Said treasurer shall pay out the school funds entrusted to his 
■charge only on the warrant drawn by the president and counter- 
■signed by the secretary of the painsh school board, and shall state 
against what school district it is drawn, which warrant shall be 
■drawn by these officers only in virtue of appropriations regularly 
made by the parish board ; the parish board shall make annually 
an estimate of the amount of revenue for the year, appropriating 
the same as above required, and no warrant beyond the amount 
estimated shall be drawn for any year. These w^arrants shall 
be numbered and shall specify on their face to whom and for 
what they are given, and the date of the appropriation made 
by the school board ; the treasurer shall pay these warrants only 
lo the extent of the amount to the credit on his books and in 
the order in which they are presented, of school districts in be- 
half of which the M^arrants shall have been drawn, and said war- 
rants shall be filed in his office as vouchers, and with the account 
kept by him as treasurer of the school fund, shall always be sub- 
ject to examination by any one who chooses to examine them. 

(Treasurer's Compensation, S. 69, A. 214, '02.) — The com- 
pensation of the treasurer shall be a sum to be fixed by the State 
Board of Education for each parish, according to its territorial 
area, and the amount of the funds to be disbursed; but in no 



38 

case shall it exceed two an J a half per cent on the amount dis- 
bursed by him as shown by his vouchers. (See resolutions of 
State Board.) 

(Treasurer's Report to State Superintendent, S. 70, A. 
214, '02.) — It shall be the duty of parish school treasurers to fur- 
nish to the parish boards, and to the State Superintendent of" 
Public Education, quarterly reports of his receipts and dis- 
bursements ; and before the tenth day of January annually he 
shall forward to the State Superintendent of Public Education, 
in such form as the latter shall prescribe, a full report of his- 
receipts and disbursements for the year, and of the balance on 
hand to the credit of each ward or school district, and the indebt- 
edness outstanding- on the first day of January, the latter pro- 
vision regarding the annual report shall apply to the treasurer 
of the school board for the Parish of Orleans, as well as to the 
other school treasurers of the State. 

(Treasurer's Report to Clerk of Court, S. 2. A. 36. '94.) 
— All parish boards and parish officers having in charge the re- 
ception of, or disbursement of, public funds shall make semi- 
annual itemized, detailed accounts as required above to the Clerk 
of Court of the respective parishes, imder the forms, conditions- 
and penalties enumerated in Section 16 of this Act. 

(Penalties for Non-Compliance, S. 3, A. 36, '94.) — In case 
any salaried officer of the State failing to file with the Auditor 
of Public Accounts semi-annnal itemized, detailed accounts, as- 
provided in the sixteenth section of this Act the Auditor shall, 
vvithin fifteen days thereafter, furnish to the Treasurer of the 
State, a certificate to that effect and thereafter it shall be illegal 
for the Auditor to audit any warrant of said officer for salary, 
or the Treasurer to pay the same, until such time as the delin- 
quent officer shall have complied with the foregoing provisions. 

(Treasurer's Duties Relating to Sale of Sixteenth Sec- 
tion Lands. See "Sale of School Lands.") 

(PxVrish Treasurer's Duty in the Collection of Notes,, 
S. 2, A. 57, '84.)— It shall be the duty of the treasurer of the- 
parish school board, on receipt of the notes due and given for 
the said sixteenth sections, to immediately notify the principal 
and his sureties, in writing, of the amount of said note princi- 
pal and interest, due and unpaid ; provided, said lands for which 
said notes were given are still in possession of the original pur- 



39 

chaser, and if in the possession of other parties, such possessor 
shall also be likewise notified of all the demands, principal and 
interest, against said lands, and if all the demands against the 
same be not satisfied within thirty days from said notice, it 
shall be the duty of the treasurer of the parish school board to 
turn over said notes to the district attorney for said district, or 
other attorney selected by the school board, for suit; and, pro- 
vided further, that said notice shall serve as a bar to prescrip- 
tion, which shall only begin to run from the service of said 
notice. 

(Attorney's Duties, S. 3, A. 57, '84.) — It shall be the duty 
of the said attorney to proceed without delay, by all necessary 
legal processes, and without depositing clerk's or sheriff's costs, 
or giving security therefor, to collect all such notes as may be 
turned over to him by said treasurer of the Parish School Board, 
and given for sixteenth sections, known as free school lands, and 
if any of the conservatory writs should be found to be necessary 
in order to aid in said collection, it shall be lawful to issue the 
same, Mdthout giving bond as required in other cases. 

(Attorney's Compensation, S. 4, A. 57, '84.) — The said 
attorney shall receive ten per cent of all money collected by him 
on notes given for sixteenth sections, and after deducting said 
ten per cent he shall turn over the remainder to the treasurer of 
the school funds for the parish in which said lands are situated, 
and the same shall be transmitted through the Auditor of Public 
Accounts, by said treasurer, to the State Treasurer; and any 
moneys thus received into the State Treasury from said collec- 
tions shall bear interest at the rate of four per cent per annum, 
and be credited to the township to which the same belongs, ac- 
cording to the provisions of the Act of Congress. 

(Fees of Tax Collector; Sheriff, S. 58, A. 170, '98.)^ 
For all the services, labors and duties performed by each sheriff 
and ex-officio tax collector' throughout the State, he shall be paid 
five per centum on all State and parish taxes collected by him 
and actually paid over to the State and parish treasury. * * * 

Note— 17. (Parish Treasurers" Quarterly Reports.)— Be it 
resolved: That the parish school treasurers are directed to make to the 
State Superintendent and the parish school boards, quarterly reports of 
the receipts and disbursements of school moneys, with balances on hand 
at end of eacli quarter ; also annual reports in the same manner at the 
end of each calendar year. (State Board resolution, Aug. 14, 1900. ) 



40 

TEACHERS' INSTITUTES. ' 

(Summer Normal Schools, S. 43, A. 214, '02.) — Be 
it further enacted, etc., That whereas a majority of the public 
school teachers of the State have not had the advantage of pro- 
fessional training, and whereas the State should make an effort 
to put this training within the reach of those teachers who by 
reason of their age, their family ties and other obstacles, cannot 
pursue the full course of the State Normal School, there shall 
be established and maintained by the State Institute Fund, in 
conjunction with the Peabody Institute Fund, Summer Normal 
Schools in the State, with sessions of not less than four weeks. 

(Speclil One Week Institutes; Attendance; Pay; Ex- 
cuse FOR NoN- Attendance, S. 44, A, 167, '04.) — Other institutes 
may be held when ordered by the State Board of Education or 
under special laws ordering such institutes to be held. Every 
teacher of a common school must attend the sessions upon penalty 
for non-attendance if satisfactory excuse has not been rendered 
to the parish superintendent, of forfeiting two days' pay. There 
shall be a vacation of the common schools of the parishes, to 
give opportunities to the teachers to attend ; and no reduction of 
the teacher's salary shall be made during said vacation, pro- 
vided, he or she was in attendance the full time of the session of 
the institute. These institutes, held under this section, shall, as 
far as possible, be held in some town centrally located, and 
teachers from as many parishes as can conveniently attend shall 
be notified to attend. This notice they shall obey^ under the 
penalty before mentioned. 

(Board op State Institute IManagers and Institute Con- 
ductors, S. 45, A. 214, '02.) — The State Superintendent of Pub- 
lic Education and the President of the State Normal School shall 
be a Board of State Institute Managers, and in their discretion 
shall select an experienced institute conductor who shall have 
general charge of the summer normal 'work, and whose services 
shall be paid for out of the institute fund in such manner as shall 
be agreed upon by the State Superintendent of Public Education 
and the principal of the State Normal School. 

( Certificates Issued ; Preference to Holders of Same, 
S. 46, A. 214, '02.) — The managers of the summer normal 
schools shall issue certificates of attendance to every teacher 
present during the whole of their sessions, and the parish boards 



41 

of school directors shall give preference, other things being 
equal, to the holders of said certificates in the selection of teach- 
ers for the public schools. 

(Institute Conductor's Eeport, S. 47, A. 167, '04.) — 
The conductors of the State Institute shall make a full report 
of their work giving the names of the teachers in attendance, 
with a detailed account of all institute funds received and dis- 
bursed, to the State Superintendent of Public Education for 
publication in his biennial report to the General Assembly and 
tc the Board of the Peabody Education Fund. 

(Monthly Institutes; Date, S. 34, A. 81, '88.) — The par- 
ish seperintendent may devote the first Saturday of each month, 
during the time the common schools are in session in the parish, 
to holding institutes for the improvement of teachers in their 
qualifications and methods of teaching, and for the discussion of 
topics pertaining to the advancement of the public school inter- 
est in the parish. 

(Attendance Obligatory, S. 35, A. 81, '88.) — The teachers 
shall be notified of the time and place of the monthly instituce 
meeting. Teachers failing to be present, or to take such part in 
the exercises as the superintendent may assign or designate, shall 
forfeit one day's salary (which forfeited salary shall be paid to 
the parish institute fund) unless a good and sufficient reason for 
such failure to attend shall be given in writing to the parish 
superintendent within ten days thereafter. No teacher shall 
be bound to attend the institute who, to do so, shall have to travel 
a greater distance than ten miles each way, ar 1 otherwise than 
by land. 

(Length of Session; Penalty for Superintendent's Ab- 
sence, S. 36, A. 81, '88.) — Three hours work shall be required to 
constitute a legal session of one institute, and the parish superin- 
tendent shall forfeit five dollars for each institute that he fails t(? 
conduct as required by this Act, unless physically unable to at- 
tend, or for other sufficient excuse, to the satisfaction of the 
school board. 

(Membees May be Active or Honorary, S. 37, A. 81, '88.) — 
These institutes may receive as members, honorary or active, the 
members of the board, all officers, and any citizen of good moral 
character as may desire to become a member, subject to the rules 
and regulations, and to the payment of such dues and fines as 
may be imposed by a quorum of the said institutes. 



42 

(Roll of Members, S. 38, A. 81, '88.)— Each parish super- 
intendent, upon the assembling of the teachers' institute of his 
parish shall cause a roll of the members to be prepared, which 
roll shall be called at least twice a day during the session of the 
institute, and all absentees shall be carefully marked. He shall 
ascertain the number of teachers who were in attendance, and 
length of time each attended, and shall keep a record thereof. 

(Institute Managers, S. 39, A. 81, '88.) — Each parish 
superintendent before the beginning of the free school term, 
shall appoint one of the best qualified teachers of his parish as 
institute manager for each institute district, should there be 
more than one institute district in the parish ; and such appointees 
shall each be paid for actual services two dollars and a half per 
day out of the institute fund as compensation for holding insti- 
tutes, and for assisting the superintendent during the session. 

(Institute Fund, S. 40, 81, '88.)— All institute funds 
shall be collected and receipted for by the superintendent. He 
shall have a record of the amount received, hand them over to 
the treasurer of the school board, who shall keep a separate 
account of these funds. He shall pay them out on the warrant 
of the superintendent, countersigned by the president of the 
school board. These funds shall be expended only in the interest*, 
of the institutes. The superintendent, for all services in con- 
nection with these institutes, shall be paid three dollars a day 
out of said fund for each day he will cause the said institute^ 
tc hold under his personal superintendence, and for each day's 
attendance as provided for in section thirty-four (34:). 

Note. — (This doss not apply to the dollar collected for teachers' ex- 
amination fee which is to be sent to State Superintendent of Education 
as per Sec. 49, Act 167, "04.), 

(Institute Not Applicable to Orleans Parish, S. 41, A. 
81, '88.)^The foregoing sections having reference to parish in- 
stitutes shall not apply to the Parish of Orleans, but the school 
board of said parish may inaugurate and carry on such institutes 
in the manner and with the power and authority set forth above. 

(PARIS^ Superintendent's Reports Respecting Insti- 
tlttes, S. 43, A. 81, '88.) — The parish superintendent, in his 
annual report to the State Superintendent, shall state the time 
and place teachers' institutes were held; the names of the per- 
sons conducting the same; the nmjiber of persons conducting 
the same ; the number of persons registered as in attendance ; 



43 

the sums collected; the number and names. of teachers of com- 
mon schools in the parish who did not attend the institute, and 
such other information of the proceedings and results of the 
institute as he may deem of value and interest. 

EXAMINATIONS. 

(Teachers' Examinations; Time, S. 48, A. 214, '02.) — Ex- 
aminations of applicants for certificates of qualifications to 
teach in the public schools of the State shall be held on dates 
designated by the State Board of Public Education. 

(Committee for Examination of Teachers, S. 37, A. 214,. 
'02.) — The Board of School Directors shall elect two persons 
either members or not members of the board at their discretion, 
who shall assist the parish superintendent in examining all appli- 
cants for certificates of qualification to teach in the public schools 
of the parish ; these examiners shall mark all answer papers, tab- 
ulate the result and present the same to the parish board, which 
board shall select and appoint teachers for the schools of the par- 
ish in accordance Avith the provisions of the law. This shall be 
done at a special meeting of the board called for the purpose, 
when necessary, and all elections of teachers shall be carefully 
entered' in the minutes of the proceedings. The answer papers 
of all persons examined shall be kept for one year in the office 
of the parish superintendent subject to the inspections of the per- 
sons examined, or persons specially authorized by them. 

(Examiners; Oath; Duties and Penalties for Non-Per- 
formance, S. 50, A. 214, '02.) — Before the examiners shall com- 
mence their examination of applicants, they shall take an oath 
that they will faithfully discharge their duties. They shall not 
give to any person a certificate before examining the candidate, 
touching his or her qualifications to teach, and who is not quali- 
fied to teach as required by the public school law. They shall be 
satisfied that the applicant is possessed of good moral character. 
If at any time a teacher becomes incompetent, inefficient, or un- 
worthy of the endorsement given him or her, the parish super- 
intendent may revoke the same and notify the board of his 
action for its approval or disapproval. Any teacher may be dis- 
charged at any time under the above provisions, but he shall be 
entitled to receive payment for services only up to the time of 
such dismissal. 



44 

(Examination Fee, S. 49, A. 214, '02.) — Before being ex- 
amined each applicant for a certificate to teach shall pay a fee 
of one dollar. The money so received shall be forwarded to the 
State Superintendent of Public Education by the parish super- 
intendent, along with the names of the persons by whom it has 
been paid. The State Superintendent shall give to each parish 
superintendent a receipt for the money, and he shall transmit 
all such funds to the principal, of the State Normal School for 
the benefit of the Institute Fund. A list of all moneys so re- 
ceived shall be forwarded to the State Board of Education. 

(Additional Requirement, S. 3, A. 40, '88.) — No certifi- 
cate shall be granted hereafter to any new applicant to teach in 
the public schools of Louisiana, who has not passed a satisfac- 
tory examination in the study of the nature of alcoholic drinks 
and narcotics, and of their effects upon the human system, in 
connection with the several divisions of the subject of relative 
physiology and hygiene. 

GRADES OF CERTIFICATES. 

(Third Grade Certificate, S. 51, A. 214, '02.) — To obtain 
a third grade certificate the applicant must be found compe- 
tent to teach spelling, reading, penmanship, drawing, arithmetic, 
English grammar, geography, the history of the United States, 
the Constitution of the United States, the Constitution of the 
State of Louisiana, physiology, and hygiene, with special refer- 
ence to the effects of stimulants and narcotics upon the human 
system, and the theory and art of teaching. 

(Second Grade Certificate, S. 52, A. 214, '02.) — To obtain 
a second grade certificate the applicant must be found co'dpe- 
ttnt to teach all the foregoing branches, and also grammatical 
analysis, physical geography and elementary algebra. 

(First Grade Certificate, S. 53, A. 214, '02.) — To obtain 
?, first grade certificate the applicant must be found competent to 
teach all branches required for a third grade and a second grade 
■certificate, and also higher algebra, natural philosophy and 
geometry. 

(Certificates License to Teach How Long, and Where, 
S. 54, A. 214, '02.) — A third grade certificate shall entitle the 
holder to teach for one year; the second grade certificate shall 
entitle the holder to teach in the public schools for three years 
from its date; a first grade certificate shall entitle the holder 



45 

to teacli for five years from its date. If a person pass a satis- 
factory examination by any parish superintendent, obtain a cer- 
tificate of any grade, and purpose to teach in another parish, it 
shall be lawful for the superintendent holding the papers writ- 
ten at the examination for such certificate, upon the request of 
any parish superintendent, to transfer such papers to him, and 
if found satisfactory, a certificate thereon, of the proper grade, 
to be for the same length of time as the original certificate, may 
be issued by him to the same effect as though he had examined 
the applicant himself. 

(Special Certificates, S. 55, A. 214, '02.) — Special certifi- 
cates in studies of high grade may be issued on a satisfactory 
examination in branches to be taught in any special academic 
department, which certificates shall entitle their holders to special 
appointment in a department where such studies may be taught. 
(License and Contract Necessary to Teach in Public 
Schools, S. 56, A. 214, '02.) — No person shall be appointed to 
teach without a written contract for the scholastic year in which 
the school is to be taught, and who shall not hold a certificate of 
a grade sufficiently high to meet the requirements of the school ; 
unless he or she holds a certificate or diploma provided for by 
this Act, which exempts him or her from examination. 

(Teachers Not Affected, S. 57, A. 214, '02.)— Teachers 
now in position and holding certificates shall not be affected by 
the provisions of this Act, it being the intention thereof to have 
regard to certificates to be issued in the future rather than those 
issued in the past and held by teachers now employed and giving 
satisfaction to their boards ; but all certificates are revocable, 
and all teachers subject to examination whenever they fall under 
the provisions of Section 50 of this Act. 

(Certificates to be Filed by the Teacher, S. 58, A. 214, 
'02.) — Each teacher of any school in this State supported wholly 
or in part from public money shall, before receiving any remu- 
neration for services rendered in said capacity, file a certificate 
with the person by whom such payments are authorized to be 
made to the effect that such teacher has faithfully complied with 
all the provisions of this Act during the entire period for which 
such payment is sought, and in the manner specified in this Act ; 
and no money shall be paid to any teacher who has not filed such 
a certificate. 



46 

(Exception in Regard to State and PExVbody Normal Di- 
plomas, S. 59, A. 214, '02.) — Diplomas conferred by the Peabody 
Normal School, located at Nashville, Tennessee, upon graduates 
of that institution, as also diplomas conferred by the State Nor- 
mal School at Natchitoches, Louisiana, shall entitle the holders 
thereof to a first grade certificate, valid in any town or parish of 
this State for four years from the date of graduation, at the ex- 
piration of which time certificates awarded to the graduates of 
the Peabody Normal may be renewed by the State Superintend- 
ent of Public Education upon satisfactory evidence of the abil- 
ity, progress and moral character of applicants asking for such 
renewal ; certificates awarded to graduates of the State Normal 
School may in like manner be renewed at the expiration of four 
years by the board of administrators by whom they were origi- 
nally issued. (See A. 57, 1894; also A. 91, 1896.) 

(State Normal School Diplomas, Act 91, '96.) — The 
Board of Administrators of the State Normal School is hereby 
empowered to confer diplomas upon all graduates of said school. 
This diploma shall entitle the holder to a first grade teacher's 
certificate without examination, and shall be valid in any part of 
the State for four years from the date of graduation, after the ex- 
piration of which time it may be renewed every four years, for 
the same period, by said Board of Administrators upon satisfac- 
tory evidence of the ability, progress and moral character of the 
teacher making application for such renewal. Furthermore, the 
diploma of the State Normal School shall entitle its holder to such 
degree of preference in the selection of teachers for the Public 
Schools of the State as may be deemed wise and expedient by the 
State Board of Education. 

(Peabody Normal School Diplomas, Act 57, '94.) — Diplo- 
mas conferred by the Peabody Normal School located at Nash- 
ville, Tennessee, upon graduates of that institution, shall entitle 
them to a first grade teacher's certificate, valid in any toAvn or 
parish of this State for four years from the date of graduation, 
at the expiration of which time it may be renewed for the same 
period by the State Board of Education upon satisfactory evi- 
dence of the ability, progress and moral character of the teacher 
■making application for such renewal. 



47 

KE VENUES. 

(Apportionment op Current School Funds, S. 62, A. 214, 
'02.) — The State Superintendent of Public Education shall, in 
the months of February, June and November, in each year, ap- 
portion the funds appropriated by the General Assembly for the 
support of the public schools of the State among all the parishes 
of the State according to the number of children between the 
ages of six and eighteen years in each parish; provided, that all 
the poll tax collected in any parish shall be appropriated to said 
parish. The amount so apportioned shall be paid by the State 
Treasurer to the school treasurer of each parish upon the war- 
rant of the State Superintendent of Public Education. 

(Accounts State Treasurer Shall Keep, S. 1326, R. S.) — 
An account shall be opened on the books of the treasury, to be 
called the Current School Fund; such account shall be charged 
v/ith the annual expenditures for the public schools, and credited 
with the net receipt for the special taxes laid by the General 
Assembly for the support of the public schools, and with the 
receipts from such other sources as may be designated by law. It 
shall be the duty of the Auditor, in his annual report, to present 
a statement of the condition of said fund, and an estimate of the 
special tax needed for the support of the public schools during 
the ensuing year beyond the receipts for said support from other 
sources. It shall be the duty of the Superintendent of Public 
Education to furnish the Auditor with all information he ma,y 
require for his said report. 

(School Fund, How Applied, S. 1327, R. S.)— The Cur- 
rent School Fund shall be used for the support of the public 
schools, and the surplus of receipts over expenditures for any 
one year, shall be appropriated to the support of public schools 
during the ensuing year ; and the Act numbered 224 of eighteen 
hundred and fifty-four, and the Acts 180 and 265 of eighteen 
hundred and fifty-five, which direct said surplus to be funded, 
be and the same are hereby repealed. 

(Interest on United States Deposit Funds, S. 1328, R. S.) 
—The interest on the United States deposit fund shall be appro- 
priated to the annual support of the public schools, provided by 
the Constitution; and it shall be the duty of the Auditor and 
Treasurer annuallv to transfer from the general fund of the 



48 

treasury to the current school fund the sum of twenty-eight 
thousand seven hundred and ninety-five dollars and fourteen 
cents, the amount of said interest. 

(Police Jury and Municipal Tax, S. 63, A. 214, '02.)— The 
police jurors of the several parishes, and the boards of trustees, 
councilmen, and legal representatives of cities, towns and villages 
(except the Parish of Orleans) may levy for the support of the 
public schools of their respective parishes a tax for the public 
schools which shall not exceed the entire State tax; provided, 
that with this tax the whole amount of parish taxes shall not ex- 
ceed the limit of ten mills parish taxation fixed by the Constitu- 
tion; and provided also, that no police jury of any parish shall 
levy for the support of its schools less than one and a quarter 
mills on the dollar of the assessed valuation of the property there- 
of. Such taxes shall be paid to the school treasury of the parish 
or town where collected, monthly by the tax collector ; provided, 
towns not exempted under their charters from the payment of 
parish taxes, and subjected to the same burden of taxation as the 
parishes are, shall not pay this tax, for the same is included in 
the taxes imposed by the parish in which the town is situated. 

Note. — The word "may" authorizes, bnt does not provide that the 
Police Jury shall levy a tax. State ex rel. vs. Police Jury. 40th Ann., 755. 

(Bonds and Fines, S. 64, A. 214, '02.)— All fines imposed 
by the several district courts for violation of law, and the 
amounts collected on all forfeited bonds in criminal cases, after 
deducting commissions, shall be paid over by the Sheriff of the 
parish in which the same are imposed and collected, to the treas- 
lirers of the school boards in said parishes, and shall be applied 
to the support of the public schools as are applied the other funds 
levied for the purpose, the Parish of Orleans excepted. 

(Special School Tax, S. 18, A. 214, '02. ) —Whenever one- 
third of the property taxpayers of any one parish, municipality, 
ward, or school district in this State shall petition the police jury 
of such parish, or the municipal authorities of such municipality, 
to levy a special tax for the support of public schools and for the 
purpose of erecting and constructing public school houses, the 
title to which shall be in the public, the said police jury, or mu- 
nicipal authorities shall order a special election for that purpose 
and shall submit to the property taxpayers of each parish, mu- 
nicipality, ward or school district, the rate of taxation, the num- 



49 

ber of years it is to be levied and the purposes for which it is 
intended ; provided, that such election be held under the general 
election laws of the State, and at the polling places at which the 
last preceding general election was held, and not sooner than 
thirty daj^s after the official publication of the petition and 
ordinance ordering the election. (See S. 1, A. 131, '98; also S. 
1, A. 174, '02.) 

(Special School Tax Petition, S. 19, A. 167, '04.)— The 
petition mentioned in S. 18, Act 214 of 1902, shall be in writing, 
and shall designate the object and rate of tax to be levied each 
year, and the number of years during which it shall be levied. 
(See S. 2, A. 145, '04.) 

(Special School and Improvement Tax, S. 1, A. 174, 
'02.) — Whenever one-fifth of the property taxpayers of any one 
parish, municipality, ward, or school district in this State shall 
petition the police jury of such parish or the municipal authori- 
ties of such municipality, to levy a special tax for the support of 
public schools and for the purpose of erecting and constructing 
public buildings, school houses, bridges, wharves, levees, sewer- 
age work and other works of permanent public improvement, the 
title to which shall be in the public, the police jury, or the mu- 
nicipal authorities, shall order a special election for that purpose, 
and submit to the property taxpayers of each parish, municipal- 
ity, ward or school district, the rate of taxation, the number of 
years it is to be levied, and the purposes for which it is intended ; 
provided that said election be held under the general election laws 
of the State, and at the polling places at which the last preceding- 
general election was held, and not sooner than thirty days after 
the official publication of the petition and ordinance ordering the 
election; and, provided further, that whenever an election is 
ordered in any school district, wherein there is no regular polling 
place to levy a special tax for public school purposes, that the 
police jury be authorized and empowered to designate some suit- 
able place within the limits of such school district, for the holding 
of said election. 

(Special School Tax Petition; Rates, Etc., S. 2, A. 145^ 
'04.) — Section 2 of said Act 131 of 1898, be amended and re- 
enacted so as to read as follows, viz: "That the petition men- 
tioned in Section 1 of this Act shall be in writing or print, and 
shall designate the object and rate of the tax to be levied each 



50 

year, and the number of years during which it shall be levied." 
(Sec. 1, A. 131, '98, same as S. 18, A. 214, '04; also, S. 19, A. 
167, '04.) 

(Levy of Special School Tax, S. 20, A. 214, '02.)— If a 
majority in number and value of the property taxpayers of such 
parish, municipality, ward or school district voting at such elec- 
tion, shall vote in favor of such levy of said special tax, then the 
police jury, on behalf of such parish, ward or school district, or 
the municipal authorities, the authorities for and on behalf of 
such municipality, shall immediately pass an ordinance levying 
such tax, and for such time as may have been specified in the 
petition, and shall designate the year in which such taxes shall 
be levied and collected. 

(Voters for Special School Tax, S. 21, A. 214, '02.) — All 
taxpayers voting at said election shall be registered voters, ex- 
cept women taxpayers, who shall vote without registration. All 
taxpayers entitled to vote shall do so in person, except women, 
who shall vote either in person or by their agents, authorized in 
writing. 

(Levy and Collection op Specl\l School Tax, S. 3, A. 145, 
'04.) — Section 5 of said Act No. 131 of 1898 be amended and re- 
enacted so as to read as follows, viz : That the Police Jury of any 
parish, ward or school district, or the municipal authorities of 
any municipality, shall, when the vote is in favor of the levy of 
such special tax, levy and collect annually, in addition to other 
taxes, such special tax, at the rate voted by the property taxpay- 
ers and during the years designated, upon all the taxable prop- 
erty within the limits of such parish, municipality, ward or 
school district, as the case may be, and such Police Jury and au- 
thorities and the proper Tax Collectors shall have the same right 
to enforce and collect any special tax that may be authorized 
by such election, as is or may be conferred by law upon them for 
the collection of any other taxes, which special taxes so collected 
shall be used for the object or purpose designated in the petition 
and for none other, and in case of a special tax voted for the 
support of a public school or for the purpose of erecting a public 
school house, the same shall, from time to time as collected, be 
paid to the Board of School Directors of the parish in which said 
special tax shall be levied. (See S. 22, A. 214, '02.) 



51 

POLL TAX. 

(Collection of the Poll Tax, S. 1, A. 89, '88.)— The Tax 
Assessors throughout the State be and they are hereby required 
to render to the School Boards of their respective parishes, an- 
nually, by the first Saturday of October, a complete schedule list, 
by wards, of all persons liable to pay a poll tax in their respec- 
tive parishes. If any Assessor fails to comply with the require- 
ment of this Act, the failure shall be cause for removal ; besides, 
he shall be subject to a fine of $250, for the benefit of the public 
•schools in the parish in which the delinquent officer resides, and 
in which he is the Assessor. In the City of New Orleans the 
Board of Assessors shall comply with the requirement of this 
Act, and in the event of failure, shall be subject to dismissal and 
penalty as before provided. (See Arts. 231 and 252, Constitution 
of 1898.) 

(Returns of Collections, S. 2, A. 89, '88.) — The Sheriff 
and Tax Collectors in their respective parishes shall return, by 
the first Saturday of February, of each and every year, to the 
School Boards of their respective parishes, a list predicated upon 
the list before mentioned by wards, showing all persons in the 
parishes respectively, who have paid their poll tax, as well as 
persons who have not paid the same, and shall return their rea- 
sons in writing and under oath, the cause in each instance of the 
non-payment of a poll tax, and why they have not collected the 
tax not collected. 

(Penalties, S. 3, A. 89, '88.)— If the said Sheriff or Tax 
Collector fails to show cause why the said poll tax has not been 
collected, he shall be responsible for and shall pay the poll taxes 
he has failed to collect, and shall be held liable with his securi- 
ties on his official bond for the payment of said tax. 

(Rules for Non-Compliance, S. 4, A. 89, '88.) — The sheriff 
•can be made to show cause why the said poll tax has not been 
collected, at chambers, before the district judge, after service of 
rule and three days have elapsed after service. 

(Receipt for the Poll Tax, S. 1, A. 87, '86.)— Before any 
person serving as jurors or as witnesses in criminal cases shall 
receive the compensation to which they are entitled for their 
mileage and per diem, they shall exhibit to the clerk of the court 
a receipt for the poll tax or taxes due by them. 



52 

(Deduction of Witnesses' and Jurors' Compensation^ 
FOR Poll Tax, S. 2, A. 87, '86.) — On their failure to produce 
such receipt the clerk of court, or other officer, issuing certifi- 
cates or warrants for their mileage and per diem, shall issue cer- 
tificates or warrants for amount less the poll tax due, and shall 
issue the certificate or warrants for amount so reserved for poll 
tax, to the treasurer of the school board of the parish, who shall 
collect same. 

(Report by the Clerk of Court, S. 3, A. 87, '86.) — The 
clerk of court or other officer, issuing such certificates or war- 
rants, shall report to the tax collector of the parish the names of 
all persons from whom he has reserved amounts for poll tax. 
and the tax collector shall give such person credit for such poll 
tax. 

(Poll Tax Collections of Orleans, S. 1, A. 56, '94.) — 
The collection of poll taxes in the Parish of Orleans, together 
with all the processes, commis>sions and obligations incident 
thereto as now provided by law, are vested in the treasurer of 
the City of New Orleans. 

SALE OF SCHOOL LANDS. 

(Election, S. 2958, R. S.)— It shall be the duty of the 
parish treasurers of the several parishes in this State to have 
taken the sense of the inhabitants of the township, to which they 
may belong, any lands heretofore reserved and appropriated by 
Congress for the use of schools, whether or not the same shall be 
sold, and the proceeds invested as authorized by an Act of Con- 
gress, approved February 15, 1843. * * * * Polls shall be 
opened and held in each township, after advertisement, for thirty 
days at three of the most public places in the town, and at the 
courthouse door, and the sense of the legal voters therein shall 
be taken within the usual hours, and in the usual manner of 
holding elections, which elections shall be held and votes received 
by a member of the parish school board or a justice of the peace ; 
and if a majority of the legal voters be in favor of selling the 
school lands therein, the same may be sold, but not otherwise. 
The result of all such elections shall be transmitted to the parish 
treasurer, and by him to the State Superintendent. 

(Survey, S. 2959, R. S.) — Before making sale of the school 
lands belonging to the State, it shall be the duty of the parish 



treasurer, or other persons whose duty it may become to su- 
perintend the sales, to cause a re-survey of such lines as from 
any cause may have become obliterated or uncertain : and for 
this purpose he is authorized to employ the parish surveyor, or 
on his default, any competent surveyor; and the lines thus sur- 
veyed shall be marked in such manner as to enable those inter- 
ested to make a thorough examination before sale, and all ad- , 
vertisements made for the sale of such lands shall contain a 
full description thereof according to the original survey and 
that required by this section. The expenses of the survey shall 
be paid by the Auditor of Public Accounts out of the proceeds 
of the sale of the lands on the warrants of the parish treasurer. 

Note. — The State is a trustee of these lands or of the proceeds of 
their sale for the us'e of the inhabitants of the township in which they 
■are located — vide, Board of School Directors vs. Ober, 32 A., 419. 

(Sale on the Order op the Auditor, S. 2960, R. S.) — 
If the majority of the votes taken in a township shall give 
their assent to the sale of the lands aforesaid, the parish treas- 
urer shall forthwith notify the Auditor of Public Accounts of 
the vote thus taken, and upon his order, the said lands shall be 
sold by the parish treasurer, at public auction, before the court- 
house door, by the sheriff or an auctioneer to be employed by 
the treasurer at his expense, to the highest bidder, in quantities 
not less than 40 acres, nor more than 160, after having been pre- 
viously appraised by three sworn appraisers, selected by the par- 
ish treasurer and recorder of the parish, after thirty (30) days' 
advertisement, but in no case at a less sum than the appraised 
value, payable on a credit of ten years, as follows : ten per cent 
in cash and the balance in nine annual installments, the interest 
to be paid on the whole amount, annually, at the rate of eight per 
cent per annum ; the notes shall be made payable to the Auditor 
of Public Accounts, secured by special mortgage on the land 
sold, and personal security in solido, until final payment of 
principal and interest : in the event of the purchaser neglecting 
or refusing to pay any of these installments or interest at ma- 
turity, the mortgage shall be forthwith closed, and the parish 
treasurer is hereby authorized to advertise and sell the land as 
before provided for. and further authorized and required to ex- 
ecute all acts of sale on behalf of the State for any such lands 
sold, to receive the cash payment and notes given for the pur- 
chase, which shall be made payable to the State Treasurer, and 



54 . 

to place the same in the office of the Auditor of Public Accounts, 
for collection ; all cash received, either for principal or interest, 
from said sales shall be transmitted by him to the State Treas- 
urer, and any moneys thus received into the State Treasury 
from sales aforesaid shall bear interest at the rate of sis per 
cent per annum, and be credited to the township to which the 
same belongs according to the provisions of the Act of Congress. 
The parish treasurer shall forthwith notify the State Superin- 
tendent of the result of all sales made by him. The parish treas- 
urer shall be authorized to receive the whole amount bid for the 
lands, deducting the eight per cent interests which the credits 
will bear. (See Supreme Court decision as to price, etc.) 

(Sale of Uninhabitable Lands, S. 1, A. 168, '94.) — All 
sixteenth section lands located in a township not habitable by 
reason of the land being swamp or sea marsh, the school board 
of. the parish in which such lands are located may present an 
application for sale of such sixteenth section land to the Au- 
ditor of Public Accounts, in which they shall set forth the loca- 
tion of the township, its character and the reason upon which 
a sale is desired and upon receipt of such application duly 
signed by the president and secretary thereof, the Auditor may 
authorize the sale, if in his judgment a sale should be made. 

(Sale Conducted in the Same Manner as Others, S. 2^ 
A. 168, '94.) — In case a sale is ordered as provided for in Sec- 
tion 1 of this Act, the parish treasurer shall make such sale in 
the same manner, and upon the terms and conditions as is now 
provided by law for the sale of sixteenth section lands; pro- 
vided this Act shall not apply to sixteenth sections now leased tO' 
parties for a term of years. 

(Sale of Sections Divided by Parish Lines, Act 147, 
1857.) — When the sixteenth section of any township is divided 
by a parish line, the treasurer of the parish in which a greater 
portion of the section may lie, shall proceed to take the sense of 
the people of the township, and to sell the same as provided by 
law, as if the whole section lay in his parish; provided, that the 
same shall be advertised at the courthouse of both parishes. 

(Treasurer's Commission, Act 33, 1859.) — Parish treas- 
urers of the several parishes shfill be entitled to retain out of the 
proceeds of the sale of sixteenth sections effected by them a per- 



55 

centag-e of two and one-half on the amount of said sales, to be 
deducted from the cash payment, and the same shall be in full 
compensation of their services. 

(Lease of School Lands, A. 321, 1859.) — Should a ma- 
jority of the legal vote be against the sale of the lands, then it 
shall be the' duty of the parish board of directors, where the 
same may be situated, to secure them from injury and Avaste, 
and prevent illegal possession or aggression of any kind, and in 
conjunction with the parish treasurer to lease the same, or any 
part thereof, for a term not exceeding four years, according to 
the provisions of the second section of the Act of Congress afore- 
said, and to inform the State Superintendent thereof. 

(Proceeds of Lands Accruing to Townships, S. 2963, 
R. S.) — All moneys that have been or may be hereafter re- 
ceived into the State Treasury, and the interest that has or may 
accrue thereon from the sale of any sixteenth section of school 
lands or the school land warrants belonging to the various 
townships in the State, shall be placed to the credit of the town- 
ship, and should the people of any township desire to receive for 
the use of the schools therein, the annual interest payable by the 
State on funds deposited to their credit, or the annual proceeds 
of the loan, the parish treasurer shall, on the petition of five 
legal voters in any such township, order an election to be held 
in the township, as provided for the sale of township lands ; and 
if a majority of any number of votes above seven be in favor of 
receiving annually the accruing interest as aforesaid, the same 
shall be paid to the treasurer of the parish for the use of the " 
townships or districts; otherwise the interest shall be an ac- 
cumulated fund to their credit until so called for. 

(Mode of Annulling Sales, S. 2965, R. S.) — In all cases 
of the sale of the school lands known as sixteenth sections, here- 
tofore made, where the purchase money has not been paid, the 
purchaser or purchasers shall have the right to annul the sale 
upon application to the district court of the parish where the 
land is situated; provided, that the judgment of nullity shall 
be obtained at the cost of the applicant and contradictorily with 
the district attorney, in conjunction with the school directors 
of the district in which said land is situated, who shall be made 
a party defendant in such suit; provided, also, that it shall ap- 
pear upon the hearing that the value of the land has not been 



56 

impaired by any act of the purchaser; and provided further, 
that nothing in this Act shall be so construed as to entitle the 
said purchaser to repayment of any part of the purchase money 
already paid. 

(Auditor's Duty in the Collection of Notes, S. 1, A. 
57, '84.) — It shall be the duty of the Auditor of Public Accounts, 
immediately on the passage of this Act, to forward for collection 
to the treasurer of the school board in their respective parishes 
throughout the State, all the notes given for the purchase price 
of sixteenth sections, or any part thereof, known as free school 
lands, whenever any installment of said purchase price has 
become due or may become due, and it shall be the duty of said 
treasurer of the parish school board to receive and receipt for 
same. 

(Parish Treasurer's Duty in the Collection op Notes, 
S. 2, A. 57, '84.) — It shall be the duty of the treasurer of the 
parish school board, on the receipt of the notes due and given for 
the said sixteenth sections, to immediately notify the principal 
and his sureties, in writing, of the amount of said note, princi- 
pal and interest, due and unpaid ; provided, said lands for which 
said notes were given are still in possession of the original pur- 
chaser, and if in the possession of other parties, such possessor 
shall also be likewise notified of all the demands, principal and 
interest, against said lands, and if all the demands against the 
same be not satisfied within thirty days from said notice, it 
shall be the duty of the treasurer of the parish school board to 
turn over said notes to the district attorney for said district, or 
other attorney selected by the school board, for suit: and, pro- 
vided further, that said notice shall serve as a bar to prescrip- 
tion, which shall only begin to run from the service of said notice. 

(Attorney's Duty in the Collection of Notes, S. 3, A. 
57, '84.) — It shall be the duty of the said attorney to proceed 
without delay, by all necessary legal processes, and without de- 
positing clerk's or sheriff's costs, or giving security therefor, 
to collect all such notes as may be turned over to him by said 
treasurer of the parish school board, and given for sixteenth 
sections, known as free school lands, and if any of the con- 
servatory writs should be found to be necessary in order to aid 
in said collection, it shall be lawful to issue the same, without 
giving bond as required in other cases. 



.57 

(Attorney's Compensation, S. 4, A. 57, '84.) — The said 
attorney shall receive ten per cent of all money collected by him 
on notes given for sixteenth sections, and after deducting said 
ten per cent he shall tnrn over the remainder to the treasurer 
of the school fund for the parish in which said lands are situ- 
ated, and the same shall be transmitted through the Auditor of 
Accounts, by said treasurer, to the State Treasurer; and any 
moneys thus received into the State Treasury from said collec- 
tions shall bear interest at the rate of four per cent per annum, 
and be credited to the township to which the same belongs, accord- 
ing to the provisions of the Act of Congress. 

(When Script May Issue, S. 2952, E. S.)— When such 
locations cannot be made, if deemed more advantageous to the 
State, the Register, with the assent of the Federal Government, 
is authorized to issue script for such lands, which script shall 
not be sold for a less amount than one dollar and twenty-five 
cents per acre. 

(Duty of the Auditor in Fixing Capital Due the Tov^n- 
SHiPS, Res. 96, '86.)— It shall be the duty of the Auditor of Pub- 
lic Accounts, by the 1st day of January, 1887, to ascertain the 
amount of capital that may be due the several townships from 
the proceeds of the sales of sixteenth sections, made since the 
1st of January, 1880, and actually paid into the State treas- 
ury. The amount thus ascertained shall be the capital upon 
which interest shall be thereafter allowed and paid out of the 
interest collected on the said bonds to the townships, the six- 
teenth sections of which have been sold since the 1st of January, 
1880, and the proceeds actually paid into the State Treasury, 
and the proceeds so paid invested as required by law. 

In calculating the interest due the several townships, no 
interest shall be allowed for fractions of the year during which 
the receipts shall have come into the treasury ; but it shall com- 
mence at the beginning or the 1st of January of the next year. 

The interest due upon the capital ascertained as aforesaid, 
and the interest due upon subsequent sales, shall be paid to the 
township in the manner now provided for by law. It shall be 
the duty of the Auditor to furnish the Treasurer and Superin- 
tendent of Public Education with a statement of the amount due 
each township. 



58' 



^ 



(Trespass on Sixteenth Section, S. 1, A. 14, '82.) — Who- 
ever shall cut down, or remove for sale for .Ms own use, or the 
use of another, any timber on any free school land in this State, 
belonging to the State, known as- sixteenth- sections, shall be 
deemed guilty of a misdemeanor^/ and/upon conviction shall be 
condemned to pay a fine of not less than fifty ntfr more than one 
thousand dollars, and in default of the same, be sentenced to 
imprisonment not less than ten days nor more than one year. 

(Same, S. 2, A. 14, '82.) — A¥hoeve,r shall knowingly use, cul- 
tivate or inclose any free school land, kpown as the sixteenth sec- 
tion, without authority from^J4ie .parish l)oard of school directors, 
shall on conviction be condemned to pay a fine of not less than 
fifty nor more than one thousand dollars, and in default of the 
same be sentenced to imprisonment for not less than ten days' 
nor more than one year. 

(Act 87, 1898, to Peovide for the Sale of School Indem- 
nity Lands.) 

Section 2. Be it further enacted, etc.. That the Register of 
the State Land Office shall have advertised for the sale at pub- 
lic auction, for thirty clear days, a list of the lands to be sold; 
the publication to be made in a newspj||^er published in the 
parish where the land to be sold is situated, and no land to be 
sold need be advertised in any paper outside of the parish 
v/here the land to be sold is situated ; provided that no improved 
lands shall be advertised under the foregoing provisions unless 
requested by the Board of School Directors of the parish in 
which the land is located. 

Sec. 3. Be it further enacted, etc.. That the land shall be 
sold at public auction at the office of the Register of the State 
Land Office and shall be adjudicated to the last and highest bid- 
der ; provided in no case shall it be sold for less than two dollars; 
and a half per acre. / 

Sec. 4. Be it further enacted, etc.. That any l^nd which 
fails to bring the price of two dollars and a hal^t-^p&r acre when 
offered at auction shall thereafter be subject to private sale at 
two dollars and a half per acre. 

Sec. 5. Be it further enacted, etc.. That it shall be the 
duty of the Reo'ister to deposit in the State Treasury to the 
credit of the various school boards entitled to receive the same 



59 



the proceeds of the sale of all indemnity school lands after pay- 
ing the expense of advertising. 

(Act 217, 1902 : To Provide for the Sale op School In- 
demnity Lands.) (See Act 177, 1902.) 

Section 1. Be it enacted by the General Assembly of the- 
State of Louisiana, That all lands now owned by, or which may 
hereafter inure to the State from the United States Government 
ai indemnity for school lands, shall be disposed of as hereinafter 
provided. 

Sec. 2. Be it further enacted, etc.. That the Register of the 
Land Office shall cause to be advertised for sale at public auc- 
tion, for thirty clear days, a list of the lands to be sold, Avhich 
have not already been advertised, the publication to be made in 
a newspaper published in the parish where the land to be sold is 
situated, and no land to be sold shall be advertised in any paper 
published outside of the parish where the same is situated. 

Sec. 3. Be it further enacted, etc.. That the Register shall 
adjudicate said lands at public auction to the last and highest 
bidder at his office and in case the land so offered for sale fails 
to bring at auction the price of two dollars and fifty cents 
($2.50) per acre the same shall be withdrawn and shall be there- 
after sold by him at private sale for two dollars and fifty cents 
per acre. 

Sec. 4. Be it further enacted, etc., That the Register shall 
not issue a patent to the purchaser of said land until he shall 
have paid into the hands of the State Treasurer the purchase 
price of said lands. 

Sec. 5. Be it further enacted, etc.. That in addition to th'j^ 
purchase price paid for said lands, the purchaser thereof shall 
pay to the Register the same fees as in other cases where a patent 
i> issued, and out of the purchase price so paid, the Treasurer 
of the State shall pay the cost of advertising said property and 
place the balance thereof to the credit of the various school 
boards entitled to receive same. 

Sec. 6. Be it further enacted, etc., That the provisions of 
this Act shall not refer nor apply to applications for the entry 
and sale of school indemnity lands which may be pending in 
the State Land Office at the time of the passage of this Act. 



60 

Sec. 7. Be it further enacted, etc., That all laws and parts 
of laws in conflict or inconsistent with this Act be and the same 
are hereby repealed. 

(Sale Which Can Be Made by the Land Register, Act 
316, '55.) — It shall be lawful for the Register of the State Land 
Office to sell, at the price stipulated by law, to any board of free 
school district directors of this State, any amount, not less than 
five acres, of any land within their school district, donated by 
Congress to this State, either for the use of a seminary of learn- 
ing, or for the purpose of internal improvement, on which to 
erect a school house. 

(How^ Located, S. 2947, R. S.) — Any land so sold shall 
commence in the corner of a legal division or sub-divisions of 
sections ; and if in a right angle, it shall be run an equal dis- 
tance on two sides, bounded by the line of such division, and 
form a square including the number of acres sold ; if in an acute 
angle, it shall be bounded by said division lines to such dis- 
tance, and by lines in such other directions as the Register may 
deem most equitable between the land so sold and that retained ; 
the patents for lands so sold shall issue to the free school di- 
rectors and their successors, for the use of their district schools, 
setting forth the number, and of what parish. 

(Reservation op School Lands, Act 316, '55.) — The Regis- 
ter of the State Land Office is required to ascertain in what 
township in this State there are no reservations of school sec- 
tions by reason of conflicting claims or from any other cause, 
■or where the reservation is less than contemplated by law; and 
in such cases it is made his duty under the superintendence of 
the Governor, to apply for, and as soon as possible, obtain a lo- 
cation of any land or part of land in lieu thereof. 



61 

EDUCATIONAL LAND GRANTS BY THE UNITED 

STATES TO LOUISIANA AND OTHER 

STATES TO JUNE 30, 1880. 

GRANTS AND RESERVATIONS. 

The lands granted in the States and reserved in the Terri- 
tories for edncational purposes by Acts of Congress from 1785 
to June 30, 1880, were— • 

FOR PUBLIC OR COMMON SCHOOLS. 

Every sixteenth section of public land in the State admitted 
to 1848, and every sixteenth and thirty-sixth section of such 
land in States and Territories since organized — estimated at 
67,893,919 acres. 

FOR SEMINARIES OR UNIVERSITIES. 

The quantity of two townships, or 46,080 acres, in each State 
or Territory containing public land, and, in some instances, a 
greater quantity, for the support of seminaries or schools of a 
higher grade — estimated at 1,165,520 acres. 

FOR AGRICULTURAL AND MECHANICAL COLLEGES. 

The grant to all the States for agricultural and mechanical 
colleges, by Act of July 2, 1862, and its supplements, of 30,000 
acres, for each Representative and Senator in Congress to which 
the State was entitled, of land "in place" where the State con- 
tained a sufficient quantity of public land subject to sale at 
ordinary private entry at the rate of $1.25 per acre, and of scrip 
representing an equal number of acres where the State did not 
contain such description of land, the scrip to be sold by the State 
and located by its assignees on any such land in other States, 
and Territories, sub,ject to certain restrictions. Land in place, 
1,770,000 acres ; land scrip, 7,830,000 ; total, 9,600,000 acres. 

In all, 78,659,439 acres for educational purposes under the 
heads above set out to June 30, 1880. 

The lands thus ceded to the several States were disposed of 
or are held for disposition, and the proceeds used as permanent 
endowments for common school funds. (See Reports of the 
Commissioner of Education, Hon. John Eaton, to June 30, 1880 ; 
land and auditor's reports of the several land States; Kiddle & 
Schem's Dictionary of Education; and also ninth census, E. A. 
"Walker, Superintendent, for details of endowments of the sev- 



62 

■ei-al States for common schools resulting from the sales of 
United States land grants for education.) As an illustration, 
the State of Ohio has a permanent endowment for education, 
called the '(Irreducible State Debt,,'" the result of sale of all 
granted lands for education, of $4,289,718.52. 

(Price of Seminary Lands, S. 2954, R. S.) — The price of, 
the seminary lands shall hereafter be fixed at one dollar and 
twenty-five cents per acre. 

(Act 45, 1904: To Carry into Effect Articles 235 and 
236 OF THE Constitution of 1898 Relative to Inheritance 
'Taxes. ) 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That there is now and shall hereafter be 
levied, solely for the support of the public schools, a tax upon all 
inheritances, legacies and donations, provided, no direct inherit- 
ance, or donation, to an ascendant or descendant, below ten thou- 
sand dollars, in amount or value shall be so taxed; a special 
inheritance tax, of three per cent on direct inheritances and 
■donations to ascendants or descendants and ten per cent for col- 
lateral inheritances and donations to collaterals or strangers ; 
provided bequests to educational, religious or charitable institu- 
tions shall be exempt from this tax and provided further that 
this tax shall not be enforced when the property donated or in- 
herited shall have borne its just proportion of taxes prior to the 
time of such donation or inheritance ; this tax to be collected on 
all successions not finally closed and administered upon and on 
all successions hereafter opened. 

Sec. 2. Be it further enacted, etc.. That it shall be the 
duty of different judges throughout the State exercising probate 
jurisdiction, to require satisfactory proof before them that the 
succession or estate is not liable to the inheritance tax, before 
they shall grant a discharge to the administrator, executor, or 
other officer in charge of said succession and before he shall 
grant an order placing the heirs in possession. 

Sec. 3. Be it further enacted, etc.. That in all cases where 
the inheritance tax appears to be due, it shall be the duty 
of the administrator, executor, or other officer in charge of the 
succession, or of the heir to pay over to the Tax Collector of the 
parish where the succession is opened the full amount of said 
inheritance tax and to present the receipt to the judge before 



63 

obtaining' a discharge or of being put in possession of the estate ; 
the surety on the bond of the administrator, executor or other 
officer in charge of the estate shall be liable in solido with the 
officer for the full amount of the inheritance tax; such taxes 
shall be distributed to the several parishes in accordance with 
Article 248 of the Constitution. 

Sec. 4. Be it further enacted, etc., That it shall be the 
duty of tiie parish superintendent and of the president of the 
school board of the City of New Orleans to see that this Act be 
carried out, and that the full amount of the inheritance tax be 
•duly collected, and it shall be the duty of the District Attorney 
for the various parishes throughout the State, when called upon 
by the parish superintendent or the president of the school board 
in the Parish of Orleans to take proceedings to enforce the pro- 
visions of this Act. 

Sec. 5. Be it further enacted, etc.. That the funds thus 
realized shall not be budgeted against, except at the end of the 
year when the same shall have been realized, this being an uncer- 
tain and contingent source of revenue. 

Sec. 6. Be it further enacted, etc., That this act shall take 
effect from and after its passage and all laws contrary thereto 
and in conflict with the same are hereby repealed. 

DONATIONS. 

(Donations Authorized, S. 1, A. 124, '82.) — Any one can 
make a donation of any description of property and to any 
amount to trustees for educational, charitable or literary pur- 
poses, or for the benefit of educational, charitable or literary in- 
stitutions whether already existing, or thereafter to be founded. 

(Conditions the Donor May Impose, S. 2, A. 124, '82.) — 
The donor shall have the right to prescribe the number of trus- 
tees; the causes for which the trustees shall cease to be such; 
the manner in which vacancies, however occurring, shall be filled, 
and the manner and formalities according to which the trustees 
shall meet and transact business. 

(Property Cannot be Made Inalienable, S. 3, A. 124, '82.) 
— The donor shall have the right to prescribe the manner in 
which the property donated shall be administered, and the objects 
to which it or any part thereof, or the revenues thereof, shall be 
applied; provided, however, that property donated cannot be 



64 

made inalienable : but the donor thereof shall have the right to 
prescribe in what manner and under what circumstances the 
trustees shall be empowered to sell the same, or any portion 
thereof, or to change any investment once made. 

(Trustees to Organize in a Body Corporate, S. 4, A. 
124, '82.) — The trustees named in the act of donation and their 
successors or substitutes, or such of them as are willing and may 
accept the trust, shall, upon complying with the laws of this 
State, relative to the organization of corporations for literary, 
scientific, religious and charitable purposes, constitute a body 
corporate with the power of continuous succession and unlimited 
duration, and with all the powers conferred upon corporations 
by said law or by custom; provided, hoAvever, that the require- 
ment of said law, as to the number of persons necessary for the 
formation of a corporation, shall not apply to such trustees ; and, 
provided further, that if any of the trustees will not or cannot 
accept the trust, then such of those named as are willing, may 
accept, and, in the manner prescribed in the act of donation, pro- 
ceed to fill the vacancies up to the recpiired number. 

(When Trustees Fail to Accept, the Governor May 
Appoint Others, S. 5, A. 124, '82.) — Whenever there is an en- 
tire failure of the trustees to accept, the CTOvernor of the State 
may name a number of persons equal to the number named by 
the donor, and who shall fill the places of, and be vested with 
all the powers conferred upon the trustees by said donor. 

(Duty of the Trustees. S. 6. A. 124, '82.) — The board of 
trustees shall administer the property entrusted to them in con- 
formity with the directions contained in the act of donation, 
and shall have all the powers needed in such administration ; but 
cannot mortgage nor encumber the donated property, except as 
may be prescribed in the act of donation. And said trustees 
shall not be entitled to any remuneration for their services, un- 
less expressly granted in the act of donation. 

(Duty op Trustees Respecting Other Donations, S. 7, 
A. 124, '82.) — Said board of trustees shall have the power to 
accept and administer other donations mortis causa or inter 
vivos from the same or other donors, and to apply the same as 
may be prescribed in the subsequent act of donations. The ad- 
ministration of such subsequent act of donations, to be governed 
by the directions contained in the subsequent act of donation. 



65 

(FiDEi CoMMissAE, S. 8, A. 124, '82.) — The provisions con- 
tained in the Revised Civil Code, or other laws of the State rela- 
tive to substitutions fidei commissae, or trust dispositions, shall 
not be deemed to apply to, or in any manner affect donations 
made for the purposes and in the manner provided by this Act, 
and all laws or parts of laws conflicting with the provisions of 
this Act, are repealed in so far as regards the purposes of this 
Act, but not otherwise. 

(Disposition of Funds of Towns on the Recision op 
Their Charters, S. 6, A. 173, '94.) — If after paying all the 
debts of said town (upon the dissolution and recision of its 
charter) there shall remain any balance of money, the same shall 
be turned over to the school board of the parish to be used in 
the education of the children of school age residing within the 
territory covered by said town. 

(Prescription of Debts, Etc., S. 8, A. 103, '80.) — The term 
of prescription of any and all debts, due to any charitable insti- 
tution in this State, and to any college fund, or any fund of any 
institution of learning, or to any fund bequeathed for charitable 
purposes of education, and of all debts contracted by borrowing 
the whole or part of any such funds, shall be thirty years ; pro- 
\dded, the debt is evidenced in writing. 

FREE SCHOOL FUND. 
(Free School Fund, S. 2957, R. S.) — The proceeds of 
all lands heretofore granted by the United States to this State 
for the use or support of schools, except the sixteenth sec- 
tion in the various townships of the State specially reserved by 
Congress for the use and lenetit of the people therein ; and all 
lands which may hereafter be granted or bequeathed to the 
State, and not specially granted or bequeathed for any other 
purpose, which hereafter may be disp'osed of by the State, and 
the ten per cent of the net proceeds of the sales of the public 
land which have accrued and are to accrue to this State under 
the Act of Congress, entitled "An Act to appropriate the pro- 
ceeds of the public lands," and to grant pre-emption rights, 
approved September 4, 1841 ; and the proceeds of the estates of 
deceased persons, to which the State has or may become entitled 
by law, shall be held by the State as a loan, and shall be and re- 
main a perpetual fund, to be called the Free School Fund, on 



66 

which the State shall pay an annual interest of six per cent ; 
which interest, together with the interest of the Trust Fund de- 
posited with this State by the United States, under the act of 
Congress approved the 23d of June, 1836, with the rents of all 
unsold lands, except that of the sixteenth sections, shall be ap- 
jjropriated for the support of public schools in this State; and 
donations of all kinds which shall be made for the support of 
schools, and such other means which the Legislature may from 
time to time set apart for school purposes, shall form a part of 
the fund, and shall also be a loan on which the State shall pay 
an interest of six per cent per annum. 

It shall be the duty of the Treasurer of the State to apply 
anriually, and to receive from the General Government, the said 
ten per cent of moneys now due and to become due to this State, 
and to place the same, when received, to the credit of the proper 
fund, and to report thereon to eaeh session of the General As- 
sembly. 

SPECIAL SOURCES OF REVENUE. 

Note. — See Arts. 252 to 260 of the Constitution for general sources 
of school revenue. 

1. Act 43 op '86. — Fines for the employment of children, 
young persons, and women in certain cases. 

2. Act 53 op '94. — Pine for hitching a noisy animal within 
eight hundred feet of a religious meeting. 

3. Act 85 of '94. — Residue from sale of unclaimed mer- 
chandise in warehouse. 

4. Act 124 of '90. — Residue from sale of unclaimed 
freight in railroad warehouse. 

5. Act 54 of '84. — From collection of notes on sixteenth 
section. 

6. Act 85, 1900..^Fines for violation of laws relative to 
"Protection of deer." 

m 

7. Act 119, 1900. — Pines for violation of laws relative to 
"Protection of birds." 

8. Act 143, 1900. — Pines for violation of laws relative to 
"Protection of sheep industry." 

9. Act 65, 1902. — Pines for violation of laws relative to 
"Protection of game and animals." 

10. Act 124, 1902. — Proceeds from sale of "Sea marsh 
islands. ' ' 



67 

11. Act 100, 1882. — Fine from failure of sheriff to comply 
"with the law on "Open list of poll tax payables." 

12. Act 89, 1888. — Fine from failure of assessors to report 
to school board a list of polls. 

13. See S. 2957, R. S.— From "Land Grants" other than 
the sixteenth section. 

14. A. 39, 177, 1902. — From sale of "Internal improve- 
ment" Swamp Indemnity Lands and Certificates. 

15. See Act 27, 1875. — Fine from violation of laws relative 
to Inquests, etc. 

SCHOOLS. 

(Graded and High Schools; One Dollar Assessment, S. 
11, A. 214, '02.) — The parish school board shall have authority to 
establish graded schools, and to adopt such a system in that con- 
nection as may be necessary to assure their success; central oi 
Itigh schools may be established when necessary. The ordinances 
establishing such schools adopted by the parish school boards: 
shall be submitted to -the State Board of Education, and no high 
school shall be opened without its sanction; and no such selool 
shall be established unless the amount be donated for the site, 
■and suitable buildings are provided for without any expense out 
of the school fund ; provided, that the board of directors of the 
parish of Orleans shall not require the sanction of the State 
Board for the purposes aforesaid. The school boards shall have 
authority to assess and collect one dollar per annmn on each 
family, surviving parent or guardian, who actually sends a child 
or children to the public schools of the district, to be collected 
in such manner as said board shall determine, which amount 
shall be used in providing the school house with fviel, and de- 
fraying the necessary expenses for the comfort of the school. 

(Free Passage Over Certain Streams for Pupils, S. 12, 
A. 214, '02:) — The free right of passage or conveyance over all 
public ferries, bridges and roads which are rented out by the 
'State or parish, or over which the State or parish exercises any 
control, or for which license is paid or toll exacted, be and is 
liereby granted to all children on foot attending the public 
schools: and no tolls or fees shall be demanded or exacted from 
f;aid children by the keepers or attendants of said ferries, bridges 
•or roads in their passage to and from school between the hours 



68 

of 7 o'clock a. m. and 9 o'clock a. m., and 4 o'clock p. m., and 6 
o'clock p. m. ; provided, that on Sundays and holidays no chil- 
dren shall have the right to cross such ferries, bridges or roads 
on terms different from those of any ordinary passenger. 

(No School Open With Fewer than Ten Pupils, S. 13,. 
A. 214, '02.) — No school of less than ten pupils shall be opened 
or maintained in any locality. 

(Branches to be Taught; French; Length op Daily Ses- 
SONS, S. 23, A. 214, '02. — The branches of orthography, reading- 
writing, drawing, arithmetic, geography, grammar, United States 
history, the laws of health, including the evil effects of alcohol 
and narcotics, shall be taught in every district. In addition to 
these, such other branches shall be taught as the State Board of 
Education and the parish school boards may require; provided, 
that these elementary branches may also be taught in the French 
language in those localities where the French language is 
spoken; but no additional expense shall be incurred for this 
cause. No public school in the State shall be opened later than 
9 a. m. or closed earlier than 3 p. m. ; this shall not be construed 
so as to prevent half day sessions where the school accommoda- 
tions are insufficient for all the pupils of the district in a whole 
day session. Nor shall it interfere with any arrangement made 
for the conduct of the Kindergarten Schools; provided, that in 
the parish of Orleans the board of school directors may fix the 
hours of session of the public schools. 

(Hygiene and Temperance, S. 1, A. 40, '88.) — In addition 
to the branches, in which instruction is now given in the public 
schools, instruction shall also be given as to the nature of alco- 
holic drinks and narcotics, and special instruction as to their 
effects upon the human system in connection with the several 
divisions of the sub.ject of relative physiology and hygiene, and 
such subjects shall be taught as regularly as other branches are 
taught in said schools. Such instruction shall be given orally 
from a text-book in the hand of the teacher, to pupils who are 
not able to read, and shall be given by the use of text-books in 
tbe hands of the pupils in the case of those who are able to read, 
and such instruction shall be given as aforesaid to all pupils in 
all public schools in the State, to all the grades until completed 
in the high schools. 



69 

(Text-Books, S. 2, A. 40, '88.)— The text-books used for 
the instruction required to be given by the preceding section (re- 
f erring to the law in regard to the teaching of Hygiene and 
Temperance), shall give at least one-fourth of their space to the 
■consideration of the nature and effects of alcoholic drinks and 
narcotics; and the books used in the highest grades of graded 
•schools shall contain at least twenty pages of matter relating to 
this subject. 

Text-books on physiology in use in the schools or at the 
time this Act takes effect, which are not in accordance with the 
requirements of this section, shall be changed for books satis- 
fying the requirements of this section, except when previous 
■contracts as to such text-books now in force. 

(School Holidays, Act 3, 1904.) — The following shall be 
•considered as days of public rest and legal holidays and half 
holidays in this State, and no others, namely : 

Sundays, the first of January, the eighth of January, the 
twenty-second of February. Good Friday, June 3d, to be known 
as Confederate Memorial Day, the fourth of July, the first of 
November, the twenty-fifth of December, Thanksgiving Day, as 
designated by the President of the United States, and all gen- 
eral election days, whether Presidential, Congressional, State, 
municipal or parochial, in the localities where said elections are 
held, and, in the Parish of Orleans, Mardi Gras, and the first 
Monday of September, to be known as Labor Day ; and also, in 
cities and towns where the population shall exceed fifteen thou- 
sand, every Saturday, from twelve o'clock noon, until twelve 
o 'clock midnight, to be known as a half holiday ; and in all cities 
and towns whose population exceed fifty thousand, Vi^henever the 
first of January, the eighth of January, the twenty-second of 
February, June 3d, the fourth of July, the first of November, 
and the twenty-fifth of December, shall fall on a Sunday, the 
succeeding day shall be a legal holiday. 

(Exemptions prom Jury Duty, S. 2, A. 89, '94.) — The fol- 
lowing persons shall be exempted from serving as jurors, but 
the exemption shall be personal to them, and when they do not 
themselves claim the exemption it shall not be sufficient cause 
for challenging any person exempt under the provisions of 
this Act. * * * The Governor, Lieutenant Governor, State 
Auditor, State Treasurer, Secretary of the State, Superinten- 



70 

dent of Public Education, their clerks and employes, and ail' 
public officers, commissioned under the authority of the Unit?({ 
States. * * * professors and school teachers while employed 
in teaching. * * * 

(Teacher's Register and Monthly Report, S. 60, A. 214, 
\J2.) — It shall be the duty of parish superintendents and teachers- 
of the public schools of the State to keep such school records as 
shall be prescribed by the State Superintendent of Public Edu- 
cation. Prior to receiving his or her monthly salary at end of 
each month, each principal of a school shall make to the parish 
superintendent a report of the entire number of pupils enrolled, 
the number of pupils in attendance during the month, the books 
used, the branches taught, the number of pay pupils, and such 
other information as the parish superintendent may deem im- 
portant. If any principal wilfully neglects or fails to do this, 
the parish superintendent shall withhold two dollars of the- 
salary due for the benefit of the State Institute Fund. 

(Accountability op Pupils to Teachers, Suspensions, S. 
61, A. 214, '02.) — The teacher shall faithfully enforce in the 
school the course of study and the regulations prescribed in pur- 
suance of law ; and if any teacher shall wilfully refuse or neglect 
to comply with such requirements, the parish superintendent, on 
petition or complaint which shall be deemed sufficient by the 
board, may remove or dismiss him or her. Every teacher shall 
have the power and authority to hold every pupil to a strict 
accountability in school for any disorderly conduct on the play- 
grounds of the school or during intermission or recess, and to 
suspend from school any pupil for good cause ; provided, that 
such suspension shall be reported in writing as soon as practic- 
able to the parish superintendent, whose decision shall be final ; 
and provided further, that in the Parish of Orleans the principals- 
of schools shall suspend and report the same to the superintend- 
ent for approval or further action. 

CITY SCHOOLS. 

Note. — Sec. 73 is part of Act 167. 1904. All others included between 
Sees. 71 and. 81, in'.-lusive, are parts of Act 214, "02. 

Section 71. Be it further enacted, etc.. That all the public- 
schools of the Parish of Orleans, and the property and appur- 
tenances thereof, and the course of studv and gra-ding thereof,, 



71 

shall be under the direction and control of a board of directors. 
Said board shall consist of twenty members, eight of whom shall 
be appointed by the Governor, by and with the consent and ap- 
proval of the State Board of Education, and twelve members 
thereof shall be elected by the City Council of New Orleans. The 
members of said board shall hold office during four years after 
their appointment and election, except as hereinafter provided, 
and until their successors are appointed or elected and qualified. 
On the first organization of said board by the members thereof, 
who shall be appointed and elected on the passage hereof, and 
in the manner aforesaid, the members shall be divided into four 
classes by such metliod as they may choose, each (^lass to consist 
of three u)'^inbers elected by the City Council and two members 
appointed by the Governor, by, and with the consent and ap- 
proval of the State Board of Education, whose term shall ex- 
pire respectively in one, two, three and four years, and whose 
successors shall be elected and appointed for four years, and i-i 
the manner set forth above; so that one-fourth of the member- 
ship of said board shall expire, and be elected and appoin; d 
annually. Vacancies in membership shall be filled by the ap- 
pointive or elective power, and shall be for the unexpired term 
of the membership so filled. 

Sec. 72. Be it further enacted, etc.. That said board of 
directors of the public schools of the Parish of Orleans shall b'3 
a body corporate in law, with power to sue and be sued. Eleven 
members shall constitute a quorum for the transaction of busi- 
ness. Legal process shall be served on the president ; in his 
absence or inability to act, on the vice president. The City At- 
torney shall act as attorney for the board. The board shall be 
organized within ten days after its appointment, with a presi- 
dent and vice president chosen from among its members, and a 
secretary, who shall not be a member of the board. In addition 
to the duties of his office, which may be fully prescribed by the 
board, the secretary shall make a quarterly report to the State 
Superintendent of Education of the cost of maintaining the city 
schools, and shall keep the accounts of said board in such man- 
ner as t() be ill strict accordance Avith such ^'oudget as it may 
adopt, certifying to said board at each monthly meeting the 
expenses of said board for each current month. Said board shall 
have control of all buildings, records, papers, furniture and 



72 

property of any kind pertaining to the administration of the 
schools, and shall have management of all the public schools 
within the limits of the City of New Orleans. The said board 
shall also have power to pledge its revenues for the year then 
current, whether received from the State, parish. Board of 
Liquidation of City Debt, or otherwise, for the purpose of 
promptly paying its obligations, or for such other purposes as 
to said board may seem proper. 

Sec. 73. Be it further enacted, etc.. That in addition to the 
powers and duties hereinbefore granted to and imposed upon 
parish boards, the powers and duties of said board of directors 
of the Parish of Orleans shall be as follows : 

First. It shall adjust and fix equitably the salaries of teach- 
ers and janitors, secretary, employes, and of such assistant 
superintendents as it may deem necessary for an efficient super- 
vision of the school. 

Second. It shall limit the annual expenses of maintaining 
the schools to the annual revenue, and the expense for any one 
month shall not exceed the one-ninth part of the whole amount 
provided for the schools. 

Third. It shall prescribe rules for subjecting teachers or 
candidates for teacherships to a careful competitive examina- 
tion on all such branches as they are expected to teach, and no 
person shall be elected to a position as teacher withoiit a favor- 
able report on his moral or mental qualifications by an organized 
committee of examiners appointed by the board. Teachere regu- 
larly examined and elected shall not be removed from the schools 
during the time for which employed, except on written charges 
of immorality, neglect of duty, incompetency or malfeasance of 
which he has been found guilty by a majority of the members 
of the board at a regular monthly meeting. The said board may 
except from said examination any person who has passed a satis- 
factory examination, as required by Act No. 23 of 1877, ap- 
proved March twenty-sixth (26th). eighteen hundred and seven- 
ty-seven (1877). 

Fourth. It shall elect all teachers from among the candi- 
dates holding certificates in the order of their merit, as shown 
by the averages attained at the regular competitive examina- 
tions. 



73 

Fifth. All certificates shall be good for five years and shall 
be graded by the said board; provided, teachers in service shall 
not be required to stand futnre examinations. 

Sixth. It shall hold regular monthly meetings on a day 
fixed by it. 

Seventh. It shall declare vacant the position of any of its 
members who shall have failed to perform the duties assigned 
to him, or shall have absented himself from two successive 
monthly meetings of the board without leave, or shall have been 
guilty of any breach of decorum, or of any other act inconsist- 
ent with the dignity of a school director ; and it shall report each 
vacancy to the body by which delinquent member shall have 
been previously elected or appointed; it shall be the duty of the 
board of directors of city schools elected and appointed under 
the provisions of this Act to examine and scrutinize personally 
the accounts of their predecessors, in order to find out if their 
administration of the school funds committed to their charge 
for disbursement has been in accordance with law, so that in the 
future a proper administration of the city schools may be had. 

Eighth. It may establish, when practicable, evening or 
night schools for the instruction of such youth as are prevented 
by their daily vocation from receiving instructions during the, 
day. 

Ninth. It may establish, when deemed advisable, one or 
more normal schools for the professional training and improve- 
ment of candidates for teacherships, including the course of in- 
struction and training, lectures in the natural sciences, and on 
the method of teaching and disciplining children, and the prac- 
tical exercises of non-teaching students in model classes organ- 
ized for that purpose by the faculty of the institution. To 
graduates of these normal schools, also to proficient students in 
the city high schools the board may, at its discretion, award 
diplomas. Graduates of these normal schools may be deemed 
preferred candidates for vacant positions in the city public 
schools. Diplomas awarded to graduates of these normal schools 
shall be deemed equivalent to teaching certificates of the highest 
grade for public schools; provided, that the final examinations 
for graduation from said normal school shall be conducted in the 
same manner and include the same subjects as the public com- 



74 

petitive examinations required by paragraph three (3) of this, 
section. 

See. 74. Be it further enacted, etc., That no school director 
of the City of New Orleans shall receive compensation for his 
services as school director. 

Sec. 75. Be it further enacted, etc., That the said board is 
authorized to appoint for the constant supervision and periodical 
examinations of the public schools of the Parish of Orleans, a 
competent and experienced educator to be designated as superin- 
tendent. He shall aid the directors in organizing the schools 
and in improving the methods of instruction therein, in examin- 
ing candidates for teacherships, and in conducting periodical 
examinations of pupils for promotion through the respective 
grades of the schools, and in maintaining general uniformity and 
discipline in the management of all the schools. He shall make 
monthly reports on the condition and needs of the schools to his 
board of directors at their regular monthly meetings. For the 
information of the Common Council, the city school directors, 
and the public generally, he shall, on or before the fifteenth day 
of January of each year, publish a printed report, in book form, 
showing the condition and progress, and possible improvements- 
to be made in the public schools of the city, the amount and con- 
dition of the school funds, how the revenues have been dis- 
tributed during the past year, the amount collected and dis- 
bursed for connnon school purposes from the general current 
school fund of the State, from local taxation or appropriation, 
and from all the other sources of revenue, and how the same was 
expended for buildings, repairs, salaries, furniture, and appa- 
ratus, and all other items of expenditure. The report shall show 
also, the number of pupils enrolled, male, female, white and col- 
ored, the niimber and location of school houses, the number of 
teachers employed in the various grades, in the normal, high, 
grammar, primary, and kindergarten schools: it shall contain 
■also, an account of examinations held for teacherships, the num- 
ber of certificates of each grade awarded, the names of appli- 
cants who received them, and generally all other items of infor- 
mation which should be contained in a report upon the annual 
operation of the school system of a large city. Copies of this 
report shall be forwarded, one each, to the Governor and mem- 
bers of the State Board of Education, the State Superintendent 



75 

of EJucation, the members of the Common Council of the City 
.of New Orleans, and to other officials and persons interested 
in the welfare and progress of the city schools. "Whenever notified 
to be present, he shall attend meetings of the State Board of 
Education. He shall hold his office for the term of four years, 
subject to removal by the board for incompetency, neglect of 
duty or malfeasance, of which, after an impartial hearing by 
the board, he shall have been adjudged guilty. He shall be ex- 
officio a member of said board, entitled to participate in its de- 
liberations and debates, and in the examination of candidates 
for teachership ; but he shall not cast a vote in the board. 

Sec. 76. Be it further enacted, etc.. That the treasurer of 
the City of New Orleans shall ex-officio be the treasurer of said 
board and shall receive all funds apportioned by the State to 
such city, or received or collected for the support of the free pub- 
lic schools from any and all sources. He shall give bond, with 
good and solvent security in the sum of ten thousand dollars 
($10,000) in favor of the president of said board and his suc- 
cessors in office, to be accepted and approved by said board and 
recorded in the mortgage office of the parish, and which bond 
shall then be filed and kept on record in the office of the said 
board. The filing of said bond, and taking and filing the usual 
oath of office before any officer authorized to administer the 
same, shall qualify the treasurer to act. 

Sec. 77. Be it further enacted, etc.'. That said treasurer 
shall hold his office for four vears, or during his term of office 
ar city treasurer, unless sooner removed after due trial and hear- 
ing by the said board, for neglect of duty or malfeasance in 
office ; and, in case of removal by the board, it shall elect a treas- 
urer who shall not be a member. He shall receive the sum of 
six hundred dollars per annum for the trouble and expense 
V'hich may be incurred by him in the discharge of the duties 
imposed under this Act, payable monthly. He shall keep his 
office open at all such times as may be prescribed by said board, 
for the payment of pay rolls or checks in favor of teachers and 
other employes of the board. 

Sec. 78. Be it further enacted, etc., That the mayor, treas- 
urer and comptroller of the City of New Orleans shall be ex- 
officio members of the said board and entitled to take part in 
all the debates and deliberations in said board on the ways and 



76 

means of maintaining the public schools of said parish, but 
they shall not have the right to vote. 

Sec. 79. Be it further enacted, etc., That in addition to 
the duties imposed upon the parish board of directors, it shall 
be the duty of said board for the Parish of Orleans to present 
to the Common Council of the City of New Orleans, on the 10th 
day of December of each year, a full report of the condition of 
the city schools, showing the number of teachers and other em- 
ployes and their salaries; the number and location of school 
houses, with the condition thereof, and the estimated cost of 
keeping all appurtenant grounds in good repair during the en- 
suing year, also a detailed exhibit of all receipts and expendi- 
tures of the board for the schools during the previous twelve 
months ; said report shall be accompanied with a statement certi- 
fied by the officers of the board of the daily average attendance 
of pupils during the annual session, and the average expenses 
per capita of their instruction. 

Sec. 80. Be it further enacted, etc., That it shall be the 
duty of the Common Council of the City of New Orleans, in 
making up their budget of annual, expenses, to include therein 
the amount necessary to meet the expenses of the schools, as 
■shown by the statement of the actual attendance, and the cost 
of instruction required by the preceding section, with such ad- 
ditional allowance for probable increased attendance and contin- 
gent expenses as may seem just and reasonable to the City Coun- 
cil, and to keep in good repair all school houses and school 
grounds belonging to the city. 

Sec. 81. Be it further enacted, etc., That this Act shall go 
into effect from and after its passage ; and nothing in this Act 
shall be so construed as to vacate the office of any teacher until 
the expiration of the term for which he or she shall have been 
appointed under existing laws, nor as requiring such persons 
now teaching in the public schools of the City of New Orleans, 
to qualify in accordance with this Act, or to pass such examina- 
tions as are otherwise demanded by paragraph five of Section 
75, and that all laws in conflict with the provisions of this Act, 
lae, and the same are hereby repealed, except Acts passed at the 
present session of the General Assembly. Provided further, that 
the adoption and promulgation of this Act will not interfere 
with the present organization of the New Orleans board, but 



77 

that said board and its members shall continue in office and^ 
vacate office as now provided in Section 62 of Act 81 of 1888^ 
as if this law had not been enacted. 

(City Council Authorized to Establish, S. 1877, E. S.)— 
The Common Council of the City of New Orleans are author- 
zed to establish one or more public schools in each district, for 
the gratuitous education of the children residing therein; to 
enact ordinances for the organization, government and discipline 
of the same, and to levy taxes for their support, as to them may 
seem proper. 

(Report to State Superintendent, S. 1378, R. S.) — The 
Council shall make a -report annually to the Superintendent of 
Public Education of the disposition of the school funds, and 
communicate all other information respecting public education 
which they may possess and which may be called for by him. 

(School Books for Indigent Pupils. Act 55 of 1902.) 

Section 1. Be it enacted, etc.. That the board of directors 
of the public schools for the Parish of Orleans shall appro- 
priate annually not less than the sum of two thousand dollai'??. or 
as much thereof as may be needed for the purchase of school 
books to be used for pupils in the primary grades of the public 
schools of the Parish of Orleans. 

Sec. 2. Be it further enacted, etc.. That said board of 
directors shall furnish school books to all pupils in the primary 
grades in the public schools throughout the Parish of Orleans, 
who are unable to provide themselves with the requisite books. 
In order to obtain such books for pupils who are unable to pro- 
vide themselves with same, it shall be necessary for parents or 
guardians of such children to make written application to said 
board through the principals of schools or to the Superinten- 
dent to that effect, on forms to be provided by said board; and 
it shall be also necessary for such parents or guardians to attest 
said application before any public authority, authorized to ad- 
minister oaths, or before the said Superintendent, or before the 
principal of schools, who are hereby authorized to receive and 
administer such attestations. 



78 

STATE SCHOOLS. 

Note. — Under this head we give the numbei" of acts of establish- 
Tuent, etc., believing that those desiring thi 5 information yjrefer having 
the law in full, which may be obtained from copies of the Statutes. We 
also include a few sections of the laws which are of interest to the gen- 
eral public. 

LOUISIANA STATE UNIVERSITY. 

(Louisiana State Univeesity and A. & M. College, Act 
47, 70: A. 14, '67; A. 96, '60; A. 121, '69; A. 228, '58; A. 303, 
'67; A. 72, '69; A. 145, '76; A. 20, '75; A. 65, '77; A. 125, '74; 
A. 141, '94; A. 75, '96; A. 152, '02; A. 100, '86; See Con. '98). 

(Ob.ject of the Institution, Act 145, '77.) — The Lou- 
isiana State University and Agricultural and Mechanical Col- 
lege, as hereinbefore created, shall have for its object to become 
an institution of learning, in the broadest and highest sense, 
where literature, science and all the arts may be taught; where 
the principles of truth and honor may be established, and n 
noble sense of personal and patriotic and religious duty incul- 
cated; in fine, to fit the citizen to perform justly, skillfully, and 
magnanimously all the offices, both private and public, of peace 
and war. 

(General Instruction, Act 145, '77.) — The Louisiana 
State University and Agricultural and Mechanical College, as 
Iiereinbefore created, shall provide general instruction and edu- 
cation in all the departments of literature, science, art, and in- 
dustrial and professional pursuits; and it shall provide special 
instruction for the purpose of agriculture, the mechanic arts, 
mining, military science and art, civil engineering, law, medi- 
cine, commercial and navigation. 

Note. — See L. S. U. catalogue for degrees confe"red" 

(Branches to be Taught, Act 145, '77.) — There shall be 
maintained in the Louisiana State University and Agricultural 
and Mechanical College, as hereinbefore constituted and estab- 
lished : 

First — Schools of literature, including the languages of the 
principal nations of ancient and modern times, philosophy, logic, 
rhetoric and elocution, history, ethics, metaphysics and such 
other and special branches of learning as the board of super- 
visors mav determine. 



79 

Second — Schools of science, including mathematics, as- 
tronomy, engineering, architecture, drawing, physics, chemistry, 
l)otany, zoology, agriculture, mechanics, mining, navigation and 
coranierce, and such other special branches of learning as the 
board of supervisors may determine. 

Third — Schools of the useful and fine arts, and of military 
science and art. 

Fourth — Schools of medicine and laM'. 

Fifth — Such other schools as the board of supervisors may 
establish. 

(Affiliation With Any Incorporated Institution, Act 
145, 77.) — The board of supervisors may affiliate with the Lou- 
isiana State University and Agricultural and Mechanical Col- 
lege any incorporated university or college, or school of medi- 
cine, law or other special course of instruction, upon such terms 
an may be deemed expedient ; and such university, college or 
■school may retain the control of its own property, have its own 
board of trustees, faculties and president respectively; and the 
students of such universities, colleges or schools recommended 
by the respective faculties thereof, may receive from the Louisi- 
ana State University and Agricultural and Mechanical College, 
the degrees of those universities, colleges or schools, and the said 
students of learning or special schools, thus graduated, shall 
rank as graduates of the Louisiana State University and Agri- 
cultural and Mechanical College. 

Note. — See ''Beneficiary Students." 

(Instruction in Military Science, Act 67, '60.) — In the 
course of study pursued at the University, the board of super- 
visors shall cause instruction to be given in the military branches 
of science. The students shall be styled cadets, and shall form a 
irilitary corps, under the command of the president and such 
other professors as may be assigned to that branch of instruction. 
They shall constitute a guard for all public property, arms, or 
munitions now there or which may hereafter be assembled there ; 
and the president shall receipt for all such property, arms or 
munitions, and shall obey all orders relative to their preservation 
07' delivery that he may receive from the Governor of the State. 



80 

STATE NORMAL SCHOOL. 

(State Normal School, Act 73, '92; A. 61, '86; A. 23, '88; 
A. 70, '02; A. 91, '96; A. 158, '02; A. 51, '84. See Con. '98.) 

(Object; To Whom Open, S. 1, A. 73, '92.)— The State 
Normal School, located at Natchitoches, in the Parish of Natchi- 
toches, in conformity with Sections 4 and 8 of Act No. 51 of 
1884, shall have for its object to train teachers for the public 
schools of Louisiana, and shall be open to white persons of either 
sex of age and qualifications as may be hereinafter prescribed. 

(Departments and Classes, S. 6, A. 73, '92.) — The State 
Normal School shall contain two departments, the Normal 
Department and the Practice School. The course of study of 
the Normal Department may extend over a period of four years, 
and shall embrace thorough instruction and training in the 
history and science of education, the theory and practice of 
teaching, the organization and government of schools and such 
other branches of knowledge as may be deemed necessary to fit 
the students for the varied work of a complete system of public 
schools. The Practice School shall consist of such grades or 
classes, with such course of study, as the Board of Admini- 
strators may deem useful in giving the Normal students the neces- 
sary practice in the art of teaching. 

(Qualifications for Admission, S. 7, A. 73, '92.) — 
Applicants for admission to the Normal Department must be at 
least fifteen years of age if female, and sixteen years of age if 
male; must give satisfactory evidence of good moral character 
and of requisite proficiency in the ordinary branches of a good 
common school education ; and must declare in writing their full 
intention of continuing in the school until graduation, unless 
sooner discharged, and of teaching in the public schools of Lou- 
isiana for at least one year after graduation. . 

(Tuition Free, Except in Some Instances, S. 8, A. 73, 
'92.) — Tuition shall be free to all students of the Normal De- 
partment who fulfill all the requirements imposed by Section 
7 of this Act, and to the pupils of the primary grades of the 
Practice School. All other students shall be charged such fees 
for tuition as may be prescribed by the board of administrators. 

(State Normal School Diplomas, Act 91, '96.) — The 
Board of Administrators of the State Normal School is hereby 



81 

empowered to confer diplomas upon all graduates of said school. 
This diploma shall entitle the holder to a first grade teacher's 
certificate Avithout examination, and shall be valid in any part 
of the State for four years from the date of graduation, after 
the expiration of which time it may be renewed every four 
years, for the same period, by said Board of Administrators 
upon satisfactory evidence of the ability, progress and moral 
character of the teacher making application for such renewal. 
Furthermore, the diploma of the State Normal School shall 
entitles its holder to such degree of preference in the selection 
of teachers for the public schools of the State as may be deemed 
wise and expedient by the State Board of Education. 

Sec. 2. Be it further enacted, etc.. That all laws, or parts 
of laws, in conflict with the provisions of this Act be and the 
same are hereby repealed. 

Note. — See "Beneficiary Students." 

LOUISIANA INDUSTRIAL INSTITUTE. 

(Louisiana Industrial Institute, Act 68, '94; A. 158, '02. 
See Con. '98.) 

(Industrial College; Object, Location, Privilege, A. 
68, '94.) — An Industrial Institute and College is hereby estab- 
lished for the education of the white children of the State of 
Louisiana in the arts and sciences. Said Institute shall be known 
a^ "The Industrial Institute and College of Louisiana," and 
shall be located at Huston, Lincoln Parish, La., provided said 
town and parish shall donate ten thousand dollars ($10,000) to 
said Institute, and the same shall be organized as hereinafter 
provided. (See Con. '98, name.) 

(Branches to be Taught, A. 68, '94.) — The said board 
of trustees shall possess all the power necessary and proper for 
the accomplishment of the trust reposed in them, viz: The 
establishment of a first-class Industrial Institute and College for 
the education of the white children of Louisiana in the arts 
and sciences, at which such children may acquire a thorough 
academic and literary education, together with a knowledge of 
kindergarten instruction, of telegraphy, stenography and pho- 
tography, of drawing, painting, designing and engraving in 
their industrial application ; also a knowledge of fancy, practical 
and general needle work ; also a knowledge of book-keeping and 



82 

agricultural and mechanical arts, together with such other prac- 
tical industries as from time to time may be suggested to them 
by experience, or such as will tend to promote the general objects 
of said Institute and College, to-wit: Fitting and preparing 
such, children, male and female, for the practical industries of 
the age. 

Note. — See "Beneficiary Students." 

Note. — See catalogue for conditions of admission. 

SOUTHWESTERN LOUISIANA INDUSTRIAL INSTITUTE. 

( SOUTHW^ESTERN LOUISIANA INDUSTRIAL INSTITUTE, A. 162, 

'98; A. 158, '02.) 

(Establishment, A. 162, '98.) — Be it enacted by the Gen- 
eral Assembly of the State of Louisiana, That a State Indus- 
trial Institute is hereby established for the education of the 
"white children of the State of Louisiana, in the arts and sciences. 

Said Institute shall be known as the "Southwestern Lou- 
isiana Industrial Institute," and shall be located in that parish 
'of the 13th Senatorial District which will offer the best induce- 
ment therefor to the Board of Trustees, said location to be 
made by the Board' to be appointed under this Act, provided 
that the parish selected for the location of said Institution shall 
donate not less than twenty-five acres of land and Five Thou- 
sand Dollars to said Institution, and the same shall be organized 
a? hereinafter provided; provided further that in case two or 
more of said parishes offer the same inducements then the Board 
of Trustees shall select, by a majority vote, the most suitable 
location and make report thereof to the General Assembly of 
the State of Louisiana, at its next session, together with such 
recommendations, as may be conducive to the best interests of 
said institution. 

(Branches Taught, Etc.) — The Board of Trustees shall 
possess all the powers necessary and proper for the accomplish- 
ment of the trust reposed in them, viz : The establishment of a 
first-class Industrial Institute for the education of the white 
children of Louisiana in the arts and sciences, at which such 
children may acquire a thorough academic and literary educa- 
tion, together with a knowledge of kindergarten instruction, of 
telegraphy, stenography and photography, of drawing, painting, 
designing and engraving in their industrial applications; also 



83 

a knowledge of fancy, practical and general needle-work; also 
■ii knowledge of book-keeping and agricultural and mechanical 
art together with such other practical industries as, from time 
to time, may be suggested to them by experience, or such as will 
tend to promote the general object of said Institute, to-wit: 
Fitting and preparing such children, male and female, for prac- 
tical industries of life. 

TULANE UNIVERSITY. 

Note. — See "Beneficiary Students," also catalogue for conditions of 
•admission of Students. 

*(TuLANE University of Louisiana, A. 43, '84; A. 94, '90; 
A. 81, '60; A. 320, '55; A. 267, '55; A. 269, '55. See Con. '98.) 

(Departments op the University, S. 1353, R. S.) — The 
University shall be composed of the following departments or 
faculties, to-wit : Law, Medicine, the Natural Sciences, Letters 
and College proper, or Academical Department ; all of which, as 
the resources of the University increase, shall be completed and 
the administrators, excepting the Medical Department, which 
shall be composed of and formed by the Medical CoUeg-e of 
Louisiana, as at present organized and established by law ; which 
said department, as hereafter provided for, shall be engrafted 
on the University, and be conducted as hereafter directed. 

(Powers op the Board op Administrators, S. 1354, R. S.) — 
The administrators shall have the power to direct and pre- 
scribe the course of study and the discipline to be observed in 
the University; to appoint by ballot, or otherwise, the president 
of the University, who shall hold his office at the pleasure of the 
board and perform the duties of a professor; to appoint pro- 
fessors, tutors and ushers to assist in the government and in- 
struction of the students, and such other officers as they may 
deem necessary; they being removable at the pleasure of the 
hoard. They shall fix the salaries of the president, professors 
and tutors, in the Academic Department, and fill vacancies in 
the professorships. Vacancies in the Law or Medical Depart- 
ment shall be filled from persons first recommended to the ad- 
ministrators by the faculty of the department in which a vacancy 



*Tulanf, University.— The Universitv is not introduced into this oompilation 
in the sense of a comolete free school, yet th"^ treneral benefits exteaded by its schol- 
arship system, its agreement with the Stat"^ and its relation to the "University of 
Loui.siana" place it in the catalogue of public institutions. 

The school was founded uion an endiwment of the late Paul Tulane. and was 
■established by Act No. 43 o! 1881, which was ratiisd by a constitutio lal amendment 
April 17th, 1888. 



84 

may happen. No professor, tutor, or other assistant officer shall 
be an administrator of the University. 

(By-Laws and- Regulations, S. 1358, R. S.) — They shall 
have power to make all ordinances and by-laws which to them 
shall seem expedient for carrying into effect the design con- 
templated by the establishment of this University, not incon- 
sistent M'ith the Constitution of the United States and of this 
State, nor with the provisions of their charter. They shall not 
make the religious tenets of any person a condition of the ad-, 
mission to any privilege or office in the University, nor shall 
any course of religious instruction be taught or allowed of a 
sectarian character and tendency. 

(Literary Honors and Degrees, S. 1359, R. S.) — They 
shall have the right of conferring under their common seal, on 
any person whom they may think worthy thereof, all literary 
honors and degrees known and usually granted by any uni- 
versity or college in the United States or elsewhere. The degree 
of Bachelor of Law. and Doctor of Medicine, granted by them, 
shall authorize the person on whom it is conferred to practice 
law, physics and surgery in this State. 

(Department of Law, S. 1360, R. S.) — The Department of 
Law shall consist of three or more professors, who shall be re- 
quired to give a full course of lectures on international, con- 
stitutional, maritime, commercial and municipal or civil law. 
and instruction in the practice thereof. 

(Access of the ^Medical Department to the Charity 
Hospital, S. 1370, R. S.) — The ^Medical Department of the Uni- 
versity shall at all times have free access to the Charity Hospital 
of Xew Oi'leans, for the purpose of affording their students 
practical illustrations of the subjects they teach. 

Note. — See "Beneficiary Students." 

SOUTHERN UNIVERSITY. 

(Southern University, A. 87, '80; A. 90, '88. See 
Con. '98.) 

(Establishment.) — There shall be established in the City 
of New Orleans a University for the education of persons of 
color, to be named and entitled the ' ' Southern University. ' ' 

(Faculty. Degrees, Departments, and Courses.) — There 
shall be established bv said lioard of trustees a facultv of arts 



85 

and letters, which shall be competent to instruct in every branch 
■of a liberal education, and under rules of, and in concurrence 
with, the board of trustees, to graduate students and grant all 
•degrees appertaining to letters and arts known to universities 
and colleges in Europe and America, on persons competent and 
•deserving the same. 

There may also be established by said board of trustees a 
■department of law and medicine. The department of law shall 
consist of three (3) or more learned professors, learned and 
skilled in the practice of law in this State, Avho shall be recpiired 
to give a full course of lectures on international, constitutional, 
■commercial and municipal or civil law and instruction in the 
practice thereof. The medical department of the university shall 
consist of not less than three professors. They shall be appointed 
by the board of trustees from regular practicing physicians of 
the State. The degree of bachelor of law and doctor of medicine, 
granted by them, shall authorize the person upon whom it is con- 
ferred to practice physic and surgery in this State. 

INSTITUTE FOR THE BLIND. 

(Institute fojr the Blind, A. 92, '71; A. 49, '88; A. 145, 
'98; A. 166, '98; A. 196, '02.) 

(Establishment of the Institution.) — There shall be 
•established and maintained, in the town of Baton Rouge, an in- 
stitution for the education of the blind, to be known as the 
■''Louisiana Institute for the Blind." 

(Objects of the Institution.) — They shall receive, in- 
struct and support in the Institution all persons blind, or of 
such defective vision as not to be able to accpiire an education 
in the ordinary schools, between the ages of seven and twenty- 
two years, of sound mind and proper health of body, and resi- 
dents of the State. Such persons shall receive instructions and 
be provided with board, lodging, medicine, and medical attend- 
ance at the expense of the institution and if in such indigent 
circumstances as to render it necessary, shall also be furnished 
with clothing and traveling expenses to and from the Institution 
upon a certificate to that effect from the president of the police 
jury of the parish, or the mayor of the city or toAvn, in which 
they reside. 



86 

(How Long Pupils May Remain.) — Persons admitted as 
pupils under fourteen years of age, may continue in the institu- 
tion ten years ; if over fourteen and under seventeen years of 
age, they may continue eight years; and if over seventeen years 
of age, they may continue five years; provided the board may 
in any case extend the term two years. 

INSTITUTION FOR TPIE DEAF AND DUMB. 

(Institute for the Deaf and Dumb, A. 88, '71; 166, '98- 
A. 196, '02. See Con. '98.) 

(Institution for the Exclusive Use of the Deaf and' 
Dumb.) — The institution heretofore known as the Louisiana 
Institution for the Deaf and Dumb and the Blind, located at 
Baton Rouge, in this State, be and the same is hereby reorgan- 
ized by the provisions of this act for the exclusive benefit of the 
deaf and dumb. 

Act 167, 1898, provides : That there shall be established and 
maintained, in the town of Baton Rouge, an institution for the 
eiucation of the deaf and dumb, to be known as the "Louisiana 
Institute for the Deaf and Dumb." 

(Admission of Pupils, A. 166, '98.) — They shall receive, 
instruct and support in the institution all persons deaf and 
dumb, or of such defective speech or hearing as not to be able 
to acquire an education in the ordinary schools, between the 
ages of eight and twenty-two years, of sound mind and proper 
health of body, and residents of the State. Such persons shall 
receive instruction and be provided with board, lodging, medi- 
cine and medical attendance at the expense of the Institution, 
and if in such indigent circumstances as to render it necessary, 
shall also be furnished with clothing and traveling expenses tO' 
and from the Institution, upon a certificate to that effect from 
the president of the Police Jury of the parish, or the mayor of 
the city, or town, in which they reside. 

(Age op Admission.) — The persons admitted as pupils under 
fourteen years of age, may continue in the institution ten years ; 
if over fourteen and under seventeen years of age, they may 
continue eight years ; if over seventeen years of age, they may 
continue five years: provided, the board may in any case extend 
the term two years. 



87 

(Branches Taught.) — The institution shall provide all the 
requisite facilities for acquiring a good literary education in- 
struction in hygiene and physical culture and an industrial de- 
partment in which instruction shall be given in such trades as 
may be best suited to render the pupils self-sustaining citizens. 

BENEFICIARY STUDENTS. 

Louisiana State University and Agricultural and Me- 
chanical College, A. 100, '86. 

(Beneficiary Cadets.) — Each parish, as now created or 
that may hereafter be created in the State, shall have the right 
to delegate to the Louisiana State University and Agricultural 
and jlechanical College one beneficiary cadet, and the City of 
New Orleans shall have the right to delegate to said institution 
seventeen beneficiary cadets: or one from each ward of said 
city, said beneficiaries to remain at said institution four years. 
unless sooner graduated or otherwise discharged; provided, that 
no beneficiary cadet shall be permitted to resign from said insti- 
tution, without the consent of the board of supervisors thereof, 
which consent shall be given only in a case of urgent necessity, 
such as serious and long protracted ill health, duly declared by 
the certificate of the surgeon of said institution, or other compe- 
tent physician, be of such a nature as to render it impossible for 
said cadet to pursue his studies with advantage. 

(Police Juries and City Councils to Elect Bene- 
ficiaries. )-^The police jury of each parish and the city council 
of New Orleans, respectively, may at a regular meeting, elect 
the number of beneficiary cadets to which said parish or city is 
entitled as aforesaid, of such age and qualifications as may be 
prescribed by the board of supervisors for admission to the coU 
lege classes of said University and Agricultural and Mechanical 
College; and shall cause the beneficiary so selected to report ia 
person at said institution on or before said 5th day of October ;•. 
provided, that said beneficiary cadet shall be selected from the 
number of those residents of said parish or of said city, who 
hpve not themselves, nor have their parents, the means of defray- 
ing the whole of their necessar.y expenses of maintenance and 
support at said institution, which facts shall be duly certified 
tc the president of said institution, by the president of said 
police .jury, or said city council of New Orleans, as true, to the 
best of his knoM'ledge and belief. 



88 

(Authority of the Police Juries and City Council of 
Kew Orleans to Appropriate Funds for Beneficiaries.) — For 
maintenance and board of said beneficiaries in said institution, 
the police juries of the several parishes and the citj^ council of 
the City of New Orleans, be and are hereby authorized and em- 
powered to appropriate out of their respective treasuries, a 
sufficient sum to defray the necessary expenses of said cadets as 
appointed under the provisions of this act; provided, that the 
expense of n<^ cadet shall exceed two hundred and fifty dollars 
($250) per annum; provided, that under no circumstances shall 
any part of this sum be paid by the State. 

(Conditions to the Benefit of Scholarships.) — In order 
to take advantage of the right granted to each parish and to 
the City of New Orleans, in Section 1 of this Act, each parish 
and city shall make an appropriation of one hundred and fifty 
dollars per annum out of any money in its treasury for the 
maintenance and board in said institution of each beneficiary 
cadet delegated by said parish or said city, said sum to be paid 
to the treasurer of such institution before the admission of said 
cadet; and the power to make such appropriation is hereby 
granted to the police juries of the several parishes and to the 
city council of New Orleans. 

Tulane University Scholarships, Act 43, '84. 
Sec. 6. (Scholarships to be Granted.) — In considera- 
tion of the vesting of the administration of the University of 
Iiouisiana in the said Administrators of the "Tulane Education 
Fund/' of the transfer of the rights, powers, privileges, fran- 
chises and immunities of the said university to said administra- 
tors and of the exemption from all taxation as herein above pro- 
vided, the said administrators hereby agree and bind them- 
selves, with the revenues and income of the property heretofore 
Civen them by Paul Tulane, Esq.. as well as from the revenues 
oi all other property, real, personal, or mixed, hereafter to be 
lield. owned or controlled by them, for the purposes of educa- 
tion, to develop, foster, and maintain, to the best of their ability 
and judgment, the University of Louisiana, hereafter to be 
known as "Tulane University of Louisiana," and upon the 
adoption of the constitutional amendment aforesaid, to per^ 
petually use the powers conferred by this act, and all powers 
vested in them, for the purpose of creating and maintaining in 



89 

the City of New Orleans a great university, devoted to the in- 
tellectual, moral and industrial education and advancement of 
the youth of this State, under the terms of the donation of Paul 
1'ulane, and the previous provisions of this act. The said board 
further agree and bind themselves to waive all legal claim upon 
the State of Louisiana for any appropriation, as provided in 
the Constitution of this State, in favor of the University of 
Louisiana. Besides the waiver of the claim, as aforesaid, as an 
aMitional consideration between the parties of this act, the said 
Tjoard agrees to give continuously, in the acad^;mie department, 
free tuition to one student from each senatorial and from each 
representative district or parish, to be nominated h\ its member 
in the General Assembly from among the hona fide citizens and 
residents of his district or parish, who shall comply with the 
requirements for admission established b}^ said board. The 
meaning of this provision being that each member of the Gen- 
eral Assembly, whether Senator or Representative, shall have 
the right of appointing one student, in accordance with the 
foregoing provisions. The free tuition herein provided for 
shall continue until each student has graduated from the 
academic department, unless his scholarship has ceased from 
■other causes. Whenever a scholarship becomes vacant, from any 
■cause, the Senator or Representative who appointed the pre- 
vious student, or his successor, shall, in the manner prescribed 
by this section, immediately name a successor. 

NORMAL SCHOOL, AND INDUSTRIAL SCHOOL 
SCHOLARSHIPS. 

(Beneficiary Students to Other State Schools, A. 158, 
'02.) — Each police jury of the several parishes of the State 
shall have the right to delegate to the Louisiana Industrial In- 
stitute at Ruston, or the Southwestern Louisiana Industrial In- 
stitute at Lafayette or the State Normal School, one (1) female 
student, and the City of New Orleans shall have the right to 
■delegate to said institutions one female student from each ward 
of said city, said beneficiaries to remain at said institutions 
until graduated or otherwise discharged ; provided no beneficiary 
shall be permitted to resign without consent of the board of 
supervisors of the institute, which consent shall be given only 
in case of urgent necessity such as serious and long protracted 



90 

ill health, duly declared by certificate of the physician of sucb. 
institute of other competent physician, to be of such nature as; 
to render it impossible for said student to pursue her studies: 
with advantage. 

Sec. 2. Be it further enacted, etc., That the police Jury 
of each parish and the city council of New Orleans, respectively, 
may at a regular meeting select said beneficiaries subject to and 
after competitive examination and of such age and qualifica- 
tions as is prescribed by the rules of such institutes; provided' 
said beneficiaries shall be residents of such parish or wards wha- 
have not themselves nor have their parents the means of defray- 
ing the whole of the necessary expenses of maintenance and sup- 
port at said institute, which fact shall be duly certified to by 
the president of the police jury or ward of said city. 

Sec. 3. Be it further enacted, etc., That for the main- 
tenance and board of said beneficiaries at said institutes, the* 
police jury of the several parishes and the city council of New 
Orleans, be and are hereby authorized and empowered to appro- 
priate out of their respective treasuries a sufficient sum to defray 
ihe necessary expenses of said students as appointed under pro- 
visions of this act ; provided the expenses of no beneficiary shall 
exceed two hundred and fi'^ty dollars ($250) per annum. 

SPECIAL LAWS. 

NOTK. — Under this head is i)laC3d references to laws not quoted in. 
this compilation. 

1. Act 54 of 1900 and Act 226 of 1902— Authority of 
Auditor and Treasurer to invest sixteenth section proceeds in 
levee bonds. 

2. Act 96 of 1900 — Authority of institutions of learning- 
to confer literary degrees. 

3. Act 19 of 1878 — Bond and oath of public officers. 

■1. Act 135 of 1902 — Compensation of Assessor; also see- 
Act 52, 1880 and Act 41, 1894. 



SYLLABI OF IMPORTANT SCHOOL DECISIONS 

OF THE 

SUPREME COURT. 



Certificates op Indebtedness. 

The board of directors for the Public Schools of New Or- 
leans have the control of school funds placed to their charge- 
for the maintenance of the schools. It devolves upon this board 
to compel corporations to comply with their ordinances levying 
taxes for the schools, if they fail to comply with their obligation 
in this respect. 

The board of directors have authority to stand in judgment ; 
to institute or defend suits, 'the creditor of the school board 
has no right of action against the City of New Orleans to com- 
pel the city to recognize the validity of his claim. 

School certificates of indebtedness issued by the board of 
directors of the public schools for the years 1874, 1875 and 1876, 
are not debts of the City of New Orleans, and actions for the 
purpose of having them recognized as valid claims can be main- 
tained against the school board, as it is authorized to pass on the 
validity of the evidence of indebtedness of every one who alleges 
that he is a creditor. 

The City of New Orleans turns over amounts collected for 
schools to the treasurer of the school board. This officer notes 
the taxes of different years and applies the amount to the pay- 
ment of certificates from the taxes of these years from which 
the creditors are entitled to payment. (Fisliey et al. vs. School 
Directors, 181, iith Ann.) 

Def fs op Defunct Institutions. 

The president of the board of supervisors of the Louisiana 
State University and Agricultural and Mechanical College can- 
not be compelled to warrant on any fund to pay a debt of either 
of the two former corporations, known respectively as ''tl.! 
Louisiana State University" and "the Agricultural and 1^1'.^- 
chanical College." (31.s^ Anii., 711, State ex rel. Schorten, Agent, 
vs. Presv^ent Board of Supervisors.) 



92 

A mere stated account between the superintendent of the 
Louisiana State University and Agricultural and Mechanical 
College, and one of the professors employed in that institution, 
signed by the superintendent, is not such conclusive proof of the 
amount due the professor as would enable the latter to man- 
damus the president of the board of supervisors of the institu- 
tion to warrant for the amount, even if the president was au- 
thorized to draw such w^arrant. — Ih. 

Ex Contractu — Obligation. 

The obligation of the Treasurer of the School Board of 
Union parish to account for funds received by him, is ex con- 
tractu and fiduciary in its character, and is only barred by the 
prescription of ten years. (32r? Ann., 793, Board of School Di- 
rectors of Union Parish vs. J. E. Trimble.) 

Free School Bonds. 

The sale of bonds constituting a' part of the "free school 
fund." made in virtue of Act No. 81 of 1872, was utterly null 
and void, and conferred no title on the purchaser, and no future 
assignee or the purchaser, who took the bonds in good faith, for 
value, and before their maturity, could acquire a title to them.. . 

Bonds that are a part of the assets of the "free school 
fund"' are consigned by law to the custody of the Secretary of 
State and Auditor of Public Accounts, and those officers have a 
right to claim their possession in whatever hands they may be 
found. And this right is not affected by the prescription of 
three years. (31s^ Ann., 115, Sun Mutual Insurance Company vs. 
Board of Liquidation, Secretary of State and Auditor, Inter- 
venors.) 
Limitation op Contract. 

The teachers of the public schools of New Orleans cannot, 
under the law, be appointed for a Aonger term than one year. — 
Mth Ann., 354, F. A. Golden vs. Board of PuUic School Directors 
-of New Orleans.) 
Eecovery of Funds. 

Where a mistake has been macfe by the State Treasurer in 
announcing to the State Superintendent of Public Education 
the amount of funds for apportionment among the educable 
children of the State, but before the apportionment could be 
•cancelled the school directors of Orleans had received their quota 



93 

under it, when the true sum has been ascertained and announced 
to the superintendent, and a revised apportionment is to be 
made, it is proper that the superintendent should take into ac- 
count, when apportioning to Orleans, the sum already im- 
properly paid to her under the mistake, and which payment has 
been made in consequence of that mistake. (36th Ami.^ 214, The 
State ex rel. Board of Sdiool Directors, etc., vs. E. H. Fay, 
Superintendent, etc.) 

A school board organized according to law has a right to 
stand in court to claim from another school board likewise con- 
stituted, school funds which should have been paid to it by the 
State authorities and which were illegally paid out to the latter. 
A receipt therefor would exonerate the debtor board. 

If the funds are not in kind in the possession of said board, 
but can be traced to property in Avhich they have been invested 
by such board, the property itself can be recovered in place of 
the funds which it represents. 

An action to recover under such circumstances is not barred 
by the prescription of five years or less. (36t7i Ann., 806, Scliool 
Board vs. Scliool Board.) 

Sale of Warrants. 

Under the authority of the Board of School Directors of a 
parish, the treasurer of the board may make a valid sale of the 
warrants of the State which represent that portion of the inter- 
est on the free school fund due to said parish. {?,lst Ann., 158 
Board of Scliool Directors of Concordia Parish vs. Hernandez.) 

School Land, Tender, Etc. 

The residents and alleged tax payers in a township in whom 
is vested the title of the sixteenth section for the maintenance of 
the schools, have the right to invoke an interposition of the court 
to annul the sale of this section. 

Tender as a prerequisite to the suit cannot be required. 
The price was not received by the plaintiffs. No title passed to 
the adjudicatee of the property. 

The amount should be returned by the authority by which 
it was received. In the meantime plaintiffs can prosecute their 
suit to have the sale annulled. 

The general government donated the sixteenth sections to 
the townships and authorized their sale, with the consent of the 



94 

inhabitants residing within their respective limits. The legis- 
lative department of the State in compliance with the conditions 
■of the grant, adopted laws requiring elections to be held to ascer- 
tain the will of the majority of their voters residing within the 
townships and providing certain prerequisites for the sale. An 
■election not having been held in the township, the return of the 
election not being sustained at all, the adjudication made was 
null. 

The sixteenth section offered for sale should bring its ap- 
praised value, which may not be less than $1.25 per acre. (44^/i 
Ann., 365, Telle et al. vs. School Board et al.) 

"The minimum price of school lands, is one dollar and a 
quarter per acre." {School Directors vs. Coleman, lith Ann., 
186.) 

Suretyship. 

Where the sureties on a five-thousand-dollars bond are 
jointly sued for an amount aggregating two thousand dollars, 
this court will have jurisdiction, although the demand, against 
each surety is less than $500. (Ann., btg, State ex rel. School 
Board, Parish of St. Tammany vs. Cousin et al.) 

"Where the plaintiif w^ho sues the sureties on an official bond 
alleges the hopeless insolvency of the principal, the sureties will 
not deprive themselves of the right of discussion, to which they 
are entitled under the law, by pleading an exception that admits 
the truth of the averment of insolvency. — Id. 

When the principal and sureties on an official bond are sued 
together, the judgment is res adjndicata as to the sureties, and 
within the limits of the amount for which they are held under 
the terms of their bond, they are bound to make good the entire 
judgment against the principal, including the penalty. {4:0th 
Ann., 705, East in & Breaux vs. Board of School Directors. 

Taxation. 

The word ''may" found in Section 54 of Act No. 81 of 1888, 
and Section 63, A. 167, '04. does not mean shall. Traced back 
through the last sentence of Article 339 of the Constitution to 
Act No. 23, Section 28 of 1877, which the framers of that instru- 
ment intended to continue in force in that respect, it simply 
means are authorized. 

The Constitution merely directed that the Legislature 



95 

'•'shall provide that every parish may levy a tax," which means 
■is Mitliorized or empowered. 

Any legislature seeming to impose upon police juries the 
'duty or oUigation of levying the tax would transcend the de>- 
•gated authority and so be unconstitutional and barren in eft'e(.;t. 

Police juries are therefore clothed by law Muth the discre- 
tionary or optional poAver of levying or not, as their wisdom may 
•see fit and proper, the tax in question for school purposes. 

In case of failure to collect the tax, no mandamus can issue 
to compel the levy. (40^/?, Ann., 755, State ex rel. School Di- 
rectors vs. Police Jury.) 

The sheriff can be made to show cause why the poll tnx has. 
not been collected. The rule can be heard at chambers after 
three days' service. (Act 89, of 1888.) 

A municipal corporation, sued under an enactment deemed 
by it to be unconstitutional, the object of which is to compel it 
to increase an appropriation for its alimony, has a right to 
plead the unconstitutionality of the act and to have the conten- 
tion determined by the courts. 

It cannot be called upon to show cause why a relief sought 
■against it should not be granted and when it appears, in re- 
sponse, be met with the objection, that it has no standing in 
court and cannot be heard. 

In such case the courts will not refuse to listen to the 
■defence; but Avill inquire and pass upon its merits. 

The supremacy of a legislature over a city is not so absolute 
tliat it cannot be restrained by the organic law. Limitations 
imposed by the Constitution upon its powers cannot be over- 
leaped. 

The system of free schools in Louisiana is a State institu- 
tion, for tlie establishment, maintenance and support of which 
the State is required to provide by taxation, or otherwise. 

As a rule, the taxing powers may be exercised by the Gen- 
eral Assembly for State purposes only, and by parish and mu- 
nicipal corporations, under authority granted them by the Legis- 
lature, for parish and municipal purposes alone; but, under 
express sanction of the Constitution, the General Assembly 
■^'may" authorize parishes to levy a tax for the public schools 
therein, not exceeding the State tax and, with other parish taxes 
not exceeding the limits of parish taxation, fixed by the Con- 
stitution. 



96 

The Legislature cannot force a parish to levy a tax for 
school purposes. It may authorize it to do so, and when it ha» 
done so, and the parish undertakes to raise it, the constitutional 
limits must be observed. 

To be valid, the levy of such a tax must find its authority in 
the organic law. The legislature has therefore no authority tO' 
compel the City of New Orleans, which is the Parish of Orleans, 
to make an appropriation to stand in place of the amount which 
a school tax, if specially levied, would have realized. 

The Legislature cannot transgress its powers, or invade 
those which are secured by the Constitution to the City of New 
Orleans. It cannot do indirectly that which it is incompetent 
to d.0 directly. 

Although the first part of Section 71 of Act 81 of 1888, may 
be constitutional, the provisos which follow it and which re- 
quire the City of New Orleans to appropriate no less than $250,- 
000, for the school purposes, are unconstitutional. They are, 
therefore, deemed unwritten and not binding on the city. (4:2d 
Ann., 92, State ex rel. School Board, vs. City of New Orleans.) 

Treasurer axd Sureties. 

"Principal and sureties are not protected by urging that 
the treasurer has not taken the oath of office. It is presumed 
that he has taken the oath when he has discharged for some time 
the functions of his office." 

"The sureties by signing the bond admitted the capacity of 
the principal." 

"The rights of the sureties as against their principal not 
having been impaired, they cannot complain of his acts, his 
omission or commission." (School Directors vs. Judice and 
others, 20th Ann., 897.) 

"The parish treasurer having defaulted, judgment is ob- 
tained against him, and the court holds as against his sureties 
that the judgment against the principal is res adjudicata, as to 
the sureties, and within the limit of the amount for which they 
signed and obligated themselves as sureties. They are bound to 
make good the entire judgment against the principal, including 
the penalty. 

"The sureties are liable for the five per cent per month 
penalty imposed upon a defaulting treasurer." (7th Ann., 131; 



97 

lOth Ann., 492; Uth Ann., 679; Hazard Eastin et al. vs. School 
Directors, i^Oth Ami., TOG.) 

Suits by State Superintendent. 

"He has no authority to appear in person, nor to be repre- 
sented by counsel of his own selection. In any suit in which 
he may be a party, he must be represented by the Attorney Gen- 
eral or District Attorney." (Fay vs. Burke, Treasurer, S5th 
Ann., 369.) 
Discipline. 

Moderate restraint and correction of a pupil by his teacher 
is not an offense, but is authorized by law, and the authority 
of the teacher is not limited to the time the pupil is at the school 
room or under the actual control of the teacher. {Bolding vs. 
Texas, ^,8. W., 579.) 

"The teacher is loco parentis, and authority is necessarily 
surrendered to him for proper government of the school. ' ' 
{Morrow vs. Wood, American Law Register, N. S. X. 3, 692.) 

Relative to punishment, the calm and honest judgment of 
the teacher, as to the requirement, should have great weight in 
matters of discipline as in the case of a parent under similar 
circumstances. {American Law Register, Van Vacter vs. State; 
July numder, 1888. Discipline in ScJiool.) 

It is the duty of a teacher to maintain proper discipline in 
school, and the extent of his authority in that direction is dis- 
cussed. {Law Register, N. S. Vol. XIII, p. 716.) 
Branches of Studies. 

Certain studies are required to be taught in the public- 
schools by statute. The rights of. one pupil must be so 
exercised undoubtedly as not to prejudice the equal rights of 
others. {Murrow vs. Wood, 13 American Law Register, p. 694.) 

Note. — The State Board has adopted certain s^tudies to be taught in 
the free public schools. The local boards have the anthority of carrying- 
out the rules and regulations of the State Board. The studies are subject 
to their control, also all questions relating to grading the schools, and to 
the schools the pupils should attend when there are several schools in the 
same town or locality. In this, however, due regard should be had for 
the wishes of the parents, but the parish board is the authority subject 
to such appeal as the law provides. 

School Property Exempt from Seizure. 

Property dedicated to the use, and belonging to public 

schools, or employed by municipal corporations for the purpose, 

shall be exempt from seizure. {R. S. 1320.) 



98 

Article 207 of 1879 was amended by joint resolution, 92 of 
the regular session of 1886. No. 6 of the amendments, submitted 
to the vote of the people at the general election held April, 
1888. Properties used for colleges or other school purposes are 
exempt vide, also Tulane vs. Board of Assessors, 38, A. 297. 

Sixteenth Sections, and Court Decisions Respecting Them, 

Under the general laws, and where the township is sur- 
veyed in square sections, every sixteenth section is reserved as 
school land, in fractional or irregular townships on water courses, 
the Secretary of the Treasury is required by law- to select and 
designate the school lands. 

Board vs. Rollins, 33 A. 424. 

Bres. vs. Louviere, 37, A. 736. 

By issuing an indemnity school warrant the State parts 
with what title in the public domain it could hy location have 
secured. The divestiture is complete when the location is ap- 
proved, and on return and surrender the Governor issues a 
patent. 

Note. — Whenever the township is not surveyed in square sections, 
T^ut is a fractional or irregular township on a water course or for other 
cause is fractional or irregular, the school authorities should see that the 
selection is legal, or that proper selection and location are made. 

One of the Powers of the School Committee. 

Committees have a legal right to refuse to examine a teacher 
as to literary qualifieations if they are dissatisfied with his 
moral character. (Case of Layton E. Seames School Committee 
of Conventry.) 

Privileged Communications. 

A communication representing that a certain person was 
of bad moral character, and wholly unfit to teach and have th& 
care of a school made to the proper authority for the sole pur- 
pose of preventing the issue to the person so charged of a license 
to teach school is held to be a privilege communication and not 
actionable. {Wiman vs. Mahee, 45 Michigan 484.) 

An action will not lie on a communication relating to per- 
sonal character, if made in good faith and for an honest pur- 
pose by persons concerned and to the proper person. 

Nor will it lie when such a communication is untrue, if it 
is not maliciously made. 



99 

An Excerpt from Blackstone. 

The last duty of parents to their children is that of giving 
them an education, suitable to their situation in life; a duty 
pointed out by reason of the greatest importance. 

"For as Puffendorf well observed, it is not easy to imagine 
•or allow that a parent has conferred any considerable benefit 
upon his child by bringing him into the world, if he afterwards 
■entirely neglects to culture his education, and suffer him to 
grow up like a mere beast to lead a life useless to others and^ 
shameless to himself." 

"Yet the municipal laws of most countries seem to be de- 
ft etive on this point, by not constraining the parent to bestow 
a proper education upon his children." 

"Perhaps they thought it punishment enough to leave the 
parent, who neglected the instruction of his family, to labor 
under those griefs and inconveniences which his family so unin- 
istructed will be sure to bring upon him." 

Discharge of an Officer. 

"To obtain his discharge, an officer should obtain a clear 
receipt from the board of school directors, in so far as he has 
ircurred any responsibility as an officer in which the said board 
is concerned." (33d Ann., 709; State ex rel vs. Sheriff.) 

Hate of Compensation to Teachers. 

The compensation of teachers not being fixed by statute, 
they must be paid either according to their contract with the 
.School Board or upon a quantum meruit. (Offut vs. Bourgeois, 
ISth Ann., COT.) 

The Employment of Teachers. 

"The term of teachers for which employed limited to one 
year in New Orleans." (Golden vs. Board of School Directors, 
Mth Ann., 354.) 

Error in Apportioning School Funds. 

An error has been committed by the State Treasurer, on 
which the Superintendent of Public Education made an appor- 
tionment of funds. Before the apportionment could be can- 
celed the School Board of Orleans had received their quota. 

When a subsequent apportionment was made, the amount 
paid in error was deducted by the State Superintendent of Edu- 



100 

cation. On appeal, the Court confirmed the action of that 
officer. (State ex rel. vs. E. E. Fay, Supt., 3Qth Ann., 241.) 

Amounts Paid in Error Recoverable. 

One School Board can stand in judgment against another, 
and recover funds erroneously paid by the State authorities. 
If the debtor Board has purchased property with the funds,, 
the property itself can be secured in place of the funds v^hich 
it represents. This section is not subject to the tive years' pre- 
scription. {School Board vs. School Board, 36th Ann., 806.) 

Illegal Charges. 

"The School Board cannot allow charges in violation of the 
law. Their action is ultra, and is not susceptible of ratifica- 
tion. Settlement made is not conclusive." (School Board vs. 
Trimble, SSd Ann., 1073.) 

Rules and Regulations. 

"The various School Boards and other educational au- 
thorities of the State have, when the statutes are construed in 
connection with the incidental powers, which the law gives all 
corporations, the power to adopt rules and regulations for the 
schools under their control." (Fertelle vs. Mischerer, 11 N. E.^ 
605 (Indiana.) 

AUTHORIZED HIGH SCHOOLS. 

Marksville, Avoyelles Parish. 
Winnfield, Winn Parish. 
Norwood, East Feliciana Parish. 
Slaughter, East Feliciana Parish. 
Colfax, Grant Parish. 
Jeanerette, Iberia Parish. 
■ Napoleonville, Assumption Parish. 
Vidalia, Concordia Parish. 
Mansfield, DeSoto Parish. 
Lafayette, Lafayette Parish. 

Monroe, Ouachita Parish. , 

Alexandria, Rapides Parish. 
Delhi, Richland Parish. 
Henry, Vermilion Parish. " 

Ellis, East Feliciana Parish. 
Gilead, East Feliciana Parish. 



101 

Coiishatta, Red River Parish. 
Donaldsonville, Ascension Parish. 
Baton Rouge, East Baton Rouge Parish. 
Haughton, Bossier Parish. 
Benton, Bossier Parish. 
Plain Dealing, Bossier Parish. 
Shreveport, Caddo Parish. 
Lake Charles, Calcasieu Parish. 
Jennings, Calcasieu Parish. 
Grand Cane, DeSoto Parish. 
"Winsboro, Franklin Parish. 
Bastrop, Morehouse Parish. 
Calhoun, Ouachita Parish. 
Cheneyville, Rapides Parish. 
Washington, St. Landry Parish. 
Hammond, Tangipahoa Parish. 
Minden, Webster Parish. 
Opelousas, St. Landry Parish. 
Harrisonburg, Catahoula Parish. 
Franklin, St. Mary Parish. 
Jena, Catahoula Parish. 
New Iberia, Iberia Parish. 

ESTABLISHMENT OF HIGH SCHOOLS. 

Note. — For a school to be recognized as a High School the follow- 
ing requirements are necessarj': (See paragraph of the Resolutions of 
State Board. ) 

1. Title to the property on which the school is located must 
be vested in the Parish Board of Education. 

2.- The Parish Board of Education must pass a resolution 
establishing such school as a High School. 

3. All the schools in the parish where the High School is 
■desired to be established must run for seven months. 

4. Copy of the title to the property, copy of the resolu- 
tion passed by the Parish Board, certificate that the schools of 
the parish are run for seven months, and copy of resolution of 
Parish Board to the State Board of Education asking that such 
school be made a High School, together with the course of study, 
must be forwarded to the State Board of Education for their 
consideration and approval or disapproval. 



102 

EESOLUTIONS AND RULINGS BY THE STATE BOARD 

OF EDUCATION. 

1; (Compulsory Examinations.) — Resolved: That while 
ii is the sense of this board that the provisions contained in 
Section 57 of Act 214 of 1902, are still in force, that none the 
less the parish superintendent has the right of requiring teachers 
whom he deems incompetent and inefficient and whom he has 
the power to remove under the 50th section of said Act, to be 
examined with a view of testing their qualifications and fitness.. 
(April 1, 1891.) 

2. (Examinations; Time; Directions; Etc.) — Be it re- 
solved: (a) That the examination for public school teachers' cer- 
tificates shall be held during the months of June and December 
of each year, and at no other time during the year. (August 
11, 1904.) 

(b) That the State Superintendent of Education prepare 
a set of questions covering all the subjects required by law, and 
furnish to tlie superintendent of each parish, a sufficient number 
of copies of these official question lists for use in the examina- 
tions, and that no other questions shall be used in said examina- 
tions; said questions to be sent out from the superintendent's 
office so as to reach the several parishes simultaneously, and to 
be used only once, and only on the dates named above. 

(c) That the value of each question be indicated by the 
State Superintendent, and that a list of answers showing what 
would be a fair amount of information to be elicited by each 
questions, be prepared by the superintendent and furnished to 
examining board of each parish board, for the purpose of es- 
tablishing a uniform value to the certificates granted in each 
parish. 

(d) That the same question lists be used in examinations 
of teachers for all grades of certificates, the several grades of 
certificates being graded according to the percentages made by 
the candidates. 

(e) That the superintendent of each parish furnish to the 
State Superintendent within two weeks after each examination, 
a list of all persons examined, with their postoffice addresses, 
the grade received and the grade of certificate granted to each 
candidate. (See law relation to remittances of $1.) 



103 

N. B. — Examiners will please mark each answer an the scale 
of 10 for perfect. (August 20, 1892.) 

' 3. (High Schools.) — Resolved: That the State Board of 
Education call the attention of the parish boards to the necessity 
of establishing high schools wherever the grade of students justi- 
fies it, as the State Board of Education believes that the estab- 
lishment of a number of high schools in the State will contribute 
powerfully to build up both the public school system and col- 
leges and universities. (August 19, 1892.) 

4. (Collection of Poll Tax.) — Resolved: That the State 
Board urge the parish school boards to insist upon a full and 
complete collection of the poll tax, and upon failure of the sher- 
iffs to report as the law directs that suits be instituted against the 
tax collector for entire amount of the roll as the law directs in 
Sections 2 and 3 of Act 89, approved July 2, 1888. (August 
19, 1892.) 

5. (Normal and Other Graduates.) — Resolved: That the 
several parish school boards, committees on teachers, and parish 
superintendents throughout the State are urged to use their best 
endeavors to secure the services of competent teachers ; that many 
graduates of our State Normal School and of other colleges en- 
titled to a preference in the employment of teachers, desire 
positions in our schools, many of whom have applied to our 
State Superintendent for employment, who will furnish their 
names and adJresses on application, and we urge the local au- 
thorities to secure the services of such teachers as the best means 
of advancing the educational interest of the children of the 
State.- (August 19, 1892.) 

6. (Penalty for not Recognizing Normal Graduates.) — ■ 
Resolved : That the State Superintendent of Public Education 
be and is hereby ordered and directed to report to the Governor 
any school boards or members of school boards Avho fail to give 
preference to graduates of the State Normal School or other 
schools and colleges of good standing as directed by resolution 
of this board passed August 19, 1892, or who fail to remove their- 
parish superintendents w^ho are inefficient, unfaithful or negli- 
gent in the discharge of their duties, and the Governor is hereb.^ 
requested to remove such boards or members, sub.ject to the rati- 
fication of this board as approved by Section 2 of Act 29, of 
1892. (October 19, 1892.) 



104 

7. (Decision in Favoe of Normal Graduates.) — ^Whereas, 
iu formation has reached this board of the violation by the school 
board of the Parish of Bossier of the resolution adopted by 
this board of date August 19, 1892, passed in pursuance of Sec- 
tion 9 of Act No. 73 of 1892, exempting Normal graduates from 
■examination and entitling them to a certain degree of preference, 
therefore, 

Be it further resolved: That the State Superintendent of 
Public Education be and he is hereby required to notify said 
parish board of its violation of this Act as well as the resolutions 
of this board, and in the event of their failure to at once comply 
with the law and the resolutions of this body that the Governor 
be and is hereby requested to remove said board. (June 29, 1897.) 

8. (Neglect of Duty to be Reported.) — Resolved: That 
it is necessary, that the parish school boards and the parish 
school superintendents shall rigidly adhere to the laws governing 
the public schools, and where any neglect or violation of laws by 
any parish superintendent, or any of provisions of such public 
school laws, shall come to the knowledge of the State Superin- 
tendent of Public Education, he shall at once report the facts 
to the Governor of the State, with the request that he remove 
such delinquent under the provisions of "Section 2 of Act 29 
of 1892, amending and re-enacting Section 8 of Act 81 of 1888. 
(October 19, 1894.) 

9. (Uniformity of Text-Books.) — Whereas, the law pro- 
vides under Section 3, of Act 81 of 1888 that a uniform series 
■of text-books shall be used in the public schools, and 

Whereas, this requirement has the merit of system and is 
in line with strict economy, and its wisdom has been thoroughly 
established by experience, therefore 

Be it resolved : That it shall be the duty of the superin- 
tendents in the several parishes to see that this rule is faithfully 
enforced and that the text-books adopted or recommended by 
this board, and none others, are used in the public schools 
throughout the State. 

Resolved further: That a breach of the law requiring the 
use of uniform taxt-books as above stated, after notice by the 
parish superintendent, shall be deemed sufficient grounds for 
the summary dismissal of any teacher in the public schools. 
(June 29, 1897.) 



105 

10. (Regulating the Price of School Boofes) — Whereas, 
complaint has been made that some of the local dealers in school 
books in the country have been charging more than the contract 
price for text-books selected for use in the public schools, 
therefore 

Be it resolved : That it shall be the duty of the parish super- 
intendents in the several parishes to post in a conspicuous place 
in the school rooms printed schedules of prices at which it has 
been agreed to furnish the books, and the patrons of the schools 
•shall be notified by him that they can obtain from the pub- 
lishers through the parish superintendents, for cash, at these 
prices, in case any additional charges are made by local dealers. 

Resolved further: That the State Superintendent of Public 
Education shall forward to the parish superintendents these 
printed price lists. (October 19, 1894.) 

11. (Superintendents Enforce Use of Text-Books.) — 
Resolved : That it shall be the duty of the parish superintendents 
in the several parishes to see that the laws and resolutions rela- 
tive to the State adoption of text-books are faithfully enforced. 
and that the text-books adopted or recommended by the State 
Board of Education, and no others, are used in the public schools 
throughout the State. (March 20, 1905.) 

12. (Regulating Sale of School Books.) — Be it resolved: 
That the Depositories appointed by this board are prohibited 
from in any way invalidating by their actions the contracts en- 
tered into by the board and the several publishing houses. (Oc- 
tober 19, 1894.) 

13. (Membership of Parish Boards.) — Be it resolved: 
That it is the sense of this board that no person be selected or 
appointed a member of a parish school board who at the time 
of such selection or appointment, is a member of the State Legis- 
lature, or who may hold any office of profit or trust debarring 
him from being selected or appointed to such office under Acts 
16 and 17 of the Constitution of Louisiana, excepting such per- 
sons as may be entitled to appointment under Act 170, to-wit: 
Justices of the Peace and Notary Public. (August 11, 1904.) 

14. (Members of School Boards not to Teach in Their 
Parish.) — Be it resolved: That it is the sense of this board that 
persons engaged in teaching in the parish public or private 



106 

schools of Louisiana shall not be selected or appointed to mem- 
bership on the parish school board of the parish in which they 
are engaged in teaching; and, be it further resolved, that a 
member of a parish school board now teaching, or accepting the 
appointment as teacher, in the said parish public or private 
schools of Louisiana, shall resign his position as a member of 
the parish school board of the parish in which he has accepted 
an appointment as teacher as aforesaid. (August 11, 1904.) 

15. (Qualifications of the Parish Superintendent.)^ 
Be it resolved : That the attention of parish school boards is di- 
rected to Section 8, Act 167 of 1904, wherein the qualifications of 
parish superintendents are stated, to-wit : ' ' He shall be a person 
of high moral character, and a practical educator." Boards- 
shall strictly conform to the purpose and intent of these quali- 
fications to the end that the best practical school supervision, as- 
Vv^ell as the services of a competent secretary of the board, may 
be guaranteed in the person of parish school superintendent. 
(August 11, 1904.) 

16. (Apportionment of Funds for High School.) — Be 
it resolved : That high schools established, or hereafter to be 
established, shall not receive more of the school funds than any 
school of other grade. The law providing an equal distribution 
per capita to all schools. (May 15, 1901.) 

17. (Parish Superintendents not to Engage in Teach- 
ing.) — Be it resolved: That no parish school superintendent 
shall engage in teaching in any of the parish public schools under 
his supervision during his term of office as superintendent. 
This resolution is not to be construed so as to prevent a parish 
superintendent from being the supervising principal of any of 
his parish high schools. (August 11, 1904.) 

18. (Parish Treasurers' Quarterly Reports.) — Be it 
resolved: That the parish school treasurers are directed to make 
to the State Superintendent and the parish school boards, quar- 
terly reports of the receipts and disbursements of school moneys,, 
with balances on hand at end of each cpiarter; also annual re- 
ports in the same manner at the end of each calendar year. 
(August 14, 1900.) 

19. (Rent of School Lands.) — Be it resolved: That par- 
ish school boards be notified that hereafter school lands could 



107 

be rented or leased for the purpose of cultivation only. (May 
15, 1901.) 

20. (Home Talent Encouraged.) — Be it resolved: That 
for the purpose of encouraging home talent and home industry, 
this board is of the opinion that hereafter in selecting text-books- 
for use in the public schools of this State, preference should be 
given to such as have been either composed or printed, or both 
composed and printed, in this State ; provided they be equal to 
competing books in intrinsic merits, mechanical construction and 
price. (July 25, 1901.) 

21. (Declaration of Independence.) — Be it resolved: 
That a committee be appointed for the purpose of having printed 
in some suitable and durable form the Declaration of Inde- 
pendence, to be suspended from the walls of every public school 
upon the 22d day of February, annually, throughout the State; 
and for this occasion a program of addresses and patriotic songs 
shall be arranged and carried out by the principals or teachers 
in charge of the schools. (July 25, 1901.) 

22. (State Teachers' Assoclvtion.) — Be it resolved: That 
the State Board of Education regards the State Teachers' Asso- 
ciation as a valuable means of improvement of the public school 
teachers of the State and regrets to learn that only a small per 
cent, of our corps are on the rolls ; therefore, the State Board 
advises the parish superintendents to use their efforts to secure 
a large attendance of teachers at the annual meeting of the State 
Teachers' Association, as well as the monthly meetings of their 
parish teachers' association. (August 15, 1903.) 

23. (Compensation of Parish TrExVSurer.) — Be it re- 
solved : That this board construes its resolution adopted July 
26, 1901, relative to the compensation of parish treasurers, to 
mean that their compensation. 

For disbursing the first $5,000 shall be 2i/2 per cent. 

For all sums in excess of $5,000 and not exceeding $10,000' 
shall be 2 per cent. 

For all sums in excess of $10,000 and not exceeding $15,000 
shall be 1 2-3 per cent. 

For all sums in excess of $15,000 and not exceeding $20,000' 
shall be 1 2-5 per cent. 

For all sums in excess of $20,000 and not exceeding $25,000^ 
shall be 1 1-5 per cent. 



108 

For all sums in excess of $25,000 and not exceeding $30,000 
shall be 1 1-10 per cent. 

For all sums in excess of $30,000 shall be 1 per cent. (Au- 
gust 15, 1903.) 

24. (Compensation to Treasurer.) — Resolved: That the 
<3ompensation to be paid to the parish treasurers throughout the 
State for disbursing public school funds, as fixed by the resolu- 
tion of this board, adopted on the 15th day of August, 1903, 
interpreting the resolutions of the 26th of July, 1901, previously 
adopted, be calculated upon the amount so disbursed by them 
as such between the first of January and the thirty-first of De- 
cember of each year; and that this resolution take effect from 
■and after the first of January, 1905. (January 9, 1904.) 

25. (Establishment of High Schools.) — Be it resolved: 
That it is declared to be the policy of the State Board of Edu- 
cation that hereafter no high school be authorized or established 
in any parish until it is shown that the common schools of said 
parish have been kept open for not less than seven months in 
the year. (August 15, 1903.) 

26. (High School Diplomas.) — Be it resolved: That the 
State Superintendent of Public Education be authorized to 
prepare a form of diploma for high schools to be signed by the 
State Superintendent, parish superintendent, and principal of 
the school from which it is issued, said diplomas to be granted 
graduates of high schools of tlie State. (August 15, 1903.) 

27. (Special School Tax.) — Be it resolved: That this 
board hereby testifies its high appreciation of the philanthropy 
and patriotism of those inhabitants of the State who have availed 
themselves of the invitation of the State Constitution of 1898, 
by uniting in special school districts and voluntarily taxing 
themselves for the support and improvement of the public schools 
in their localities ; and this board further urges all the citizens 
of the State to imitate the noble example thus furnished. (Au- 
gust 15, 1903.) 

28. (Summer School Credits.) — Resolved: That the State 
Superintendent of Education is hereby empowered to extend 
valid teachers' certificates of all teachers (they applying to him) 
Tiereafter attending the State Summer Schools, and doing satis- 
factory work therein, as follows : 



109 

a. Teachers who at the time of attending the State's Sum- 
mer Schools hold First Grade teachers' certificates, and who 
shall attend the State's Summer Schools for a term of twenty 
days or more, shall have his or her certificate extended for a term 
of one year. 

h. Teachers who at the time of attending- the State's Sum- 
mer Schools hold Second Grade certificates, and who shall attend 
the State 's Summer Schools for a term of twenty days or more,, 
shall have his or her certificate extended for a term of six months. 

c. Teachers who at the time of attending the State's Sum- 
mer Schools hold Third Grade certificates (or prospective teach- 
ers with no certificates) and who shall attend the State's Sum- 
mer Schools for a term of twenty days or more, shall be allowed 
a credit of 10 per cent on taking examination for Second Grade 
certificate, and 15 per cent on taking examination for First 
Grade certificate ; provided, that said examinations are taken 
within one year from date of attendance upon said Summer 
Schools. (October 3, 1904.) 

29. (Inheritance Tax.) — Eesolved: That the State Super- 
intendent of Public Education be directed to call the attention 
of the several district attorneys, throughout the State to the 
provisions of Act 45 of 1904, and request that the same be strictly 
enforced by them. 

Eesolved further. That they be specially requested to col- 
lect all such amounts as may have become due under that Act 
and which have not yet been collected. (March 24, 1905.) 

30. (Parish Treasurer's Record With Sheriff.) — Re- 
solved: That the several parish school boards shall be directed 
to procure a suitable book in which the parish treasurer shall 
keep an account with the sheriff of his parish, charging him with 
all fees and forfeits as shown by the minutes of the court, and 
from which he shall make his settlements from time to time,, 
crediting the said sheriff with such fines as are uncollectable. 
(January 9, 1905.) 



IN D E :?c 



-Authorized High Schools — (See pages 100-101.) Page. 

Parish Boards May Establish, Sec. 11 20 

State Board Resolutions, Requirements ; . . 101 

^BNEFICIAET STUDENTS — • 

Louisiana State University 87, 88 

Louisiana Industrial Institute 89, 90 

Southwestern Louisiana Industrial Institute 89, 90 

State Normal School 89, 90 

Tulane University 88, 89 

City Schools — 

Board of Directors; how apopinted ; powers, Sees. 71, 72 and 78. .71, 72, 75 

Books for indigent pupils, Act .55 and Art. 261 14, 77 

Budget of expenses. Sees. 73 and 80 72, 73, 76 

Certificates of teachers, Sec. 73, "Fifth" 73 

City Normal Schools, Sec. 73, "Ninth" 73 

City Treasurer ; compensation, Sees. 76 and 77 75, 76 

Compensation, Sec. 74 74 

Duties of the Board, Sees. 71, 72, 73 and 79 71, 72, 73, 76 

Establish schools. Sec. 1377 77 

Report of the Board, Sec. 79 76 

Report of State Superintendent, Sec. 1378 77 

Superintendent and assistants ; duties, etc.. Sec. 75 74, 75 

Donations — 

Accepting donations, A. 158 25 

Authorized donations. Sec. 1 63 

Conditions donor may impose. Sec. 21 63 

Duties of trustees. Sees. 6 and 7 64 

Disposition of funds. Sec. 6 65. 

Fedei Comniissae, Sec. 8 65 

Prescription of debts. Sec. 8 65 

Property not inalienable, Sec. 3 63, 64 

Trustees to organize. Sec. 4 64 

When trustees fail to accept, Sec. 5 64 

13XAMINATI0NS AND CEETIFICATES 

Additional requirements, Sec. 3 44 

Character of applicant, Sec. 50 43 

Certificates license to teach ; how long ; where. Sec. 54 44, 45 

Certificates to be filed by teacher. Sec. 58 45 

Certificates, special. Sec. 55 45 

Committee for examination of teachers, Sec. 37 43 

Examiners ; duties, oath, penalties, etc.. Sec. 50 43 

Examination fee. Sec. 49 44 

Exceptions to State Normal, and Peabody Normal, Sec. 59 46 



Ill 



Page. 

<jrades of certificates ; limit, Sees. 51, 52 and 53 44, 45 

License and contract necessary to teach, Sec. 56 45 

Peabody Normal diplomas, A. 57 46 

State Normal diplomas, A. 91 46 

Teachers not affected by examination, Sec. 57 45 

Time, Sec. 48 43 

Laxd Gbants — ■ 

Agricultural and Mechanical Colleges 61 

Grants and reservations 61 

Inheritance tax. Arts. 235 and 236, and Act 45 14, 15 

Public or common schools 61, 62 

Price of seminary lands. Sec. 2954 62 

XiIMITATIONS OF LEGISLATIVE POWEE Art. 53 9 

Eligibility to office, Art. 210 14 

Exemptions from taxation. Art. 230 9 

Establishment of additional State institutions. Art. 60 14 

Money to religious sects, etc.. Art. 53 9 

Poll Tax — 

Application of. Arts. 231 and 252 9, 11 

Collection of, Sec. 1 51, 52 

Collection in New Orleans, Sec. 1 51 

Deduction of witness and juror. Sec. 2 52 

Penalties against Sheriff, Sec. 3 51 

Returns of collections, Sec. 2 51 

Receipt for. Sec. 1 51 

Iteports by Clerk of Court, Sec. 3 52 

Show cause for non-collection. Sec. 4 51 

Where spent. Art. 248 10 

Parish School Boaeds — 

Authorities, Sec. 8 18, 19 

Accepting and regulating donations. Act 158 17 

Appoint teachers, Sec. 37 33 

Assessment of one dollar. Sec. 11 20 

Assessors' pay for handling funds. Act 135 24, 25 

Attorney for. Sec. 10 20 

Accepting donations, A. 158 17, 25 

Boards, how appointed. Sec. 3, and Art. 250 '.10, 16 

Bodies corporate. Sec. 7 18, 21 

Bonds and oaths, Act 19, Sees. 4 and 8 16, 20, 22 

Contracts and debts, Sec. 73 20 

Contracts with sectarian schools, Sec. 14, and Art. 253 11, 21 

Commissions, Sec. 3 16 

■Compensation, Sec. 8 19 

' Disposition of funds on recission of town charters. Sec. 6 65 

Duties, non-performance of, Sec. 1300 28 

Duties, Art. 250 and Sec. 8 10, 18 

Division of parish into districts, Sees. 15, 16 and 17 22, 23 



112 

Page. 
Expropriation land for school purposes, Sees. 1492 and 1493, and 

Act 96 27, 28 

Erect school houses, Sec. 8 18, 19 

Enumeration of educables, Sees. 1-5 23, 24 

Establish high and graded schools. Sec. 11 (See Authorized High 

Schools) 20 

Exemption from furnishing bonds. Sec. 4 16, 22 

Improve school property. Sec. S 18, 19 

Number on board. Sec. 8 18, 19 

Officers, how selected. Sec. 8 18, 19 

President's duties. Sec. 24 21 

Removal, causes for. Sec. 6 20 

Keport required of the parish superintendent. Sec. 4 28 

Reports of State and parish boards, Sees, 1, 2 and 3 18, 26 

Superintendent, appoint, Sec. 8, Art. 250 10, 18, 19 

Superintendent, removal, See. 9 20 

Trustees, appoint. Sec. 8 18, 19 

Term of office, Sec. 5 16, 20 

Vacancies, Act 19, Sees. 3 and 5 . 16, 24 

Parish Supeeintendents — • 

Appointed, how. Sec. 8, and Art. 250 10, 18, 32 

Annual report to State Superintendent, Sec. 38 33, 34 

Custody of records. Sec. 39 ' 34 

Conventions of. Sec. 33 30, 31 

Duties, Sec. 38 33, 34 

Duties, non-performance of. Sec. 1300 and Sec. 8 28, 32 

Examine teachers ; assistants. Sec. 37 33 

Examination report. Sec. 37 > 33 

Enforce use of text-books, resolution (9) and (11) 104, 105 

Institutes, hold, penalty, compensation, etc.. Sees. 34, 86, 38, 40, 41 

and 43 41, 42 

Keep record of boundaries of school districts in book, Sec. 15 22 

Minutes of board meetings. Sec. 25 35 

Oaths, administer. Sec. 40 34 

Office days, Sec. 41 34 

Qualifications, Sec. 8 18, 32 

Records kept of school districts. Sec. 15 22 

Reports of teachers and others, when, Sec. 41 34 

Report to State Superintendent, special. Sec. 4 16, 28 

Report ; what contain ; neglect to make. Sec. 38 33, 34 

Reports to parish boards. Sec. 42 35 

Removal from office, causes. Sec. 9 20, 32, 33 

Salary, Sec. 35 32 

Salary, how paid, Art. 250 11 

Secretary to school board, Sec. 35 32 

School records to be kept, Sec. 60 35 

Term of office. Sec. 8 18, 20, 32 

Visits to schools. Sec. 36 33 



113 

KEVENtiES — (See Donations, pp. 63, 64.) Page. 

Apportionment of current funds ; tiow, when, Art. 248 10, 47 

Assessors' compensation, Sec. 2 24 

Application of poll tax, Art. 252 11, 47 

Bonds and fines, Sec. 64 48 

Pee of the Sheriff as tax collector. Sec. 58 39 

Free school bonds 92 

Free School Fund; of what consists. Art. 254, and Sec. 2957 11, 65, 66 

Free School Funds, Sec. 2957, and Sec. 1327 65, 4T 

Interest ; how paid on Free School Fund, Sec. 260 14 

Interest on United States Deposit Funds, Sec. 1328 47, 48 

Interest due township, Art. 257 13 

Inheritance tax. Arts. 235 and 236, and Act 45 14, 15, 61, 62 

Police Jury tax. Sec. 63 48 

Poll tax. Arts. 231 and 252, and Sees. 1 to 5 9, 11, 51 

IJecovery of funds 92, 93 

Recession of charters. Sec. 6 65 

Sectarian schools. Art. 253 11 

Special sources of revenue 66, 67 

Special school tax. Art. 232, and Sec. 18 9, 48, 49 

Petition, Sees. 19 and 2 49 

Number of petitioners, Sec. 1 49 

Hate, time, object or purpose, Sees. 19 and 2 49 

Election ; how and where held. Sec. 1 49 

Voters for special tax, Sec. 21 50 

Levy and collection. Sees. 20 and 3 50 

State Board of Education — 

Accept and regulate donations. Act 158 17. 18, 25 

Adopt text-books. Sec. 3 16 

Appointed, Sec. 1 and Art. 250 10, 15 

Body corporate. Sec. 7 18 

Bonds, exempt from furnishing. Sec. 4 16, 22 

Duties, Sec. 3 16 

Enumeration of educables, Sec. 1 23 

Enumeration by the Assessor, Sec. 2 23 

Enumeration ; pay for ; blanks ; and penalty for neglect. Sees. 3-5 23, 24 

Memberships, consists of. Sec. 1 15, 3 

Meetings, time. Sec. 2 15 

Minutes, kept. Sec. 2 15 

Number, Sec. 1 : 15 

Oaths, Sec. 5 16 

Officers, . Sec. 2 15 

Proceedings published, Sec. 2 15 

Reports made to Auditor, Sec. 1 18, 26 

Reports required of Parish Superintendent, Sees. 1 and 4 16, 26, 28 

Removal from office, causes. Sec. 6 20 

Secretary and assistant, Sec. 2 15 

Salary of members, Sees. 1 and 2 ^ . . . . 15 



114 

Page. 

Tei'm of office, Sec. 5 16 

Vacancies, Sec. 5 - 16 

Resolutions and Rulings — 

Appoi'tlonment of funds for Higli Schools (16) 106 

Compulsory examinations (1) 102 

Collection of poll tax (4) 103 

Compensation of Parish Treasurer (23) and (24) .107, 108 

Decision in favor of Normal graduates (6) and (7) 103, 104 

Declaration of Independence (21) 107 

Establishment of High School (resolution i. (2'5) and (3) 103, 108 

Examinations ; time, directions, etc. ( 2 ) 102 

Home talent encouraged (20) 107 

High School diplomas (26) 108 

High Schools established (3) 103 

Inheritance tax (29) 109 

Memberships of parish boards ( 13 ) < ■ 105 

Members of school boards, not teach ( 14 i 105, 106 

Normal and other graduates (5) 103 

Neglect of duties, officers (8) ; ■ 104 

Parish Superintendents to enforce the use of text-books, (9) . and 

(11) 104, 105 

Parish Superintendents, not to engage in teaching (17) 106 

Parish Treasurer's quarterly report (18) 106 

Parish Treasurer, record with Sheriff (30) 109 

■Qualifications of the Parish Superintendent (15 ) 106 

Regulate the price of school books (10) 105 

Regulate the sale of school books (12) 105 

Rent of school land (19) 106, 107 

Summer Normal School credits (28) 108. 109 

State Teachers' Association (22) • • ■ . .107 

Special school tax (27) 108 

Uniformity of text-books (9) 104 

State Supeeintendent of Public Education — . 

Appoint attorney in certain cases. Sec. 7 32 

Accounts kept, Sec. 29 • 29 

Attorney General's opinion, S. 34 .■ 31 

Apportion the Current School Fund, Sec. 62 '. 47 

Biennial report. Sees. 30 and 31 29. 30 

Convention of Superintendents, Sec. 33 30, 31 

Decisions and appeals, how made. Sec. 34 31 

Duties, Sec. 28. and Art. 249 . . 10, 2f: 

Elected, how. Art. 249 , 10, 29 

Expenses of traveling. Sec. 28 ' 29 

Expenses of office. Sec. 27, and Art. 249 10, 27, 28 

File semi-annual report with State Auditor, Sees. 1 and 3 28, 29, 32 

General duties. Sec. 29 29, 30 

Member of Boards of State Institutions, Sec. 28 29 

Minutes published, Sec. 2 15 



115 



Page. 

Minutes and reccrds. kept, Sec. 26 28 

Model schools. Sec. 1303 31 

Office, clerks, Sees. 26 and 27 28, 29 

Penalty for ron-compliance. Sec. 1300 28 

Iteport to General Assembly and Auditor, Sees. 29 and 3 26, 27, 29 

* Records, documents. Sec. 26 28, 29 

Records admissible in evidence. Sec. 32 ; . . . . 30 

Report to State Board in certain cases. Sec. 33 30, 31 

Salary, Sec. 27, and Art. 250 11, 28, 29 

Secretary to State Board of Edncation, assistant, etc.. Sec. 2 15, 28 

Vacancy, how filled. Sec. 26 28 

Visit parishes. Sec. 28 29 

Special Laws — 

Assessor's neglect to take enumeration, penalty, Sec. 5 24 

Assessor's enumeration. Sec. 3 23 

Assessor's pay, etc.. Sees. 3 and 4 ; (4) and Sec. 2, and Act 135. . .23, 24, 25 

Bonds and oaths of public officers, (3) and Act 19, 78 -24 

Conferring degrees by State schools (2) 90 

Investment of sixteenth section proceeds (1) 90 

Sheriff's compensation (5) 90 

Sale of School Lands — 

Auditor's duty in collection of notes. Sees. 1 and 3 39, 56 

Attorney's compensation. Sec. 4 57 

Auditor's duty in fixing capital due township. Res. 96 57 

Cultivate or enclose sixteenth sections. Sec. 2 58 

Election as to sale. Sec. 2958 52 

Lease of school lands. Act 321 55 

Mode of annulling sales. Sec. 2965 55, 56 

Location of lands sold by Land Register, Sec. 2947 60 

Proceeds of land. Sec. 2963 55 

Parish Treasurer's duty in collection. Sec. 2 56 

Price of school indemnity lands. Sees. 3 and 4 58, 59 

Reservation of school lands, Act 316,^ 60 

Survey of school land. Sec. 2959 52, 53 

Sale on Auditor's order. Sec. 2960 53, 54 

Sale of section divided by parish lines. Act 147 54 

Sale of uninhabitable lands. Sec. 1 54 

Sale of uninhabitable lands, how conducted. Sees. 1 and 2 54 

Sale of school indemnity lands. Acts 87 and 217 58, 59 

Sales which can be made by the Land Register, Act 316 60 

Sixteenth sections, sale of. Sees. 2958-2960 52, 53 

Trespass on sixteenth sections. See. 1 58 

Treasurer's duty in collecticn of notes. Sec. 2 38, 39 

Treasurer's commission. Act 33 ■. 54, 55 

When script may be issued. Sec. 2952 57 

State Schools — 

Debt due Seminary Fund, Art. 258 13 

Debts of defunct institutions 91 



116 



Page. 

Debt due Agricultural and Mechanical College, Art. 259 13 

Educational institutions exempt from taxation. Art. 230 9 

Establishment of additional schools, Art. 60 14 

Institute for the Blind 85, 86 

Institute for the Deaf and Dumb 86, 87 

Interest on Agricultural and Mechanical College Fund, Art. 260 14 

Louisiana State University and Agricultural and Mechanical College, 

Art. 255, etc 12, 78, 79, 87, 88 

Louisiana Industrial Institute, Art. 256, etc 12, 13, 81, 89, 90 

Prescription of debts, Sec. 8 65 

Price of seminary lands. Sec. 2954 62 

Southwestern Industrial Institute 82, 83, 89, 90 

State Normal School, Art. 256, etc 12, 13, 80, 81, 89, 90 

Southern University, Art. 256, etc 12, 13, 84, 85 

Tulane University, Art. 255, etc 12, 83, 84, 88, 89 

Schools — 

Accountability of pupils to teacher, Sec. 61 70 

Age of educables, Art. 248 . . 10 

Authorized High Schools 100, 101 

Branches to be taught. Sec. 23. and Art. 251 11, 68 

Districts, how laid off. Sees. 15 and 16 22 

Enumeration of educables. Sec. 1 23 

Expropriation of property. Act 96 27, 28 

Free passage over streams. Sec. 12 : 67, 68 

French taught, Sec. 23. and Art. 251 11, 68 

Free school funds, of what shall consist. Art. 254, and Sec. 2957. .11, 65, 66 

Graded and High Schools, Sec. 11 , . . . 20 

Holidays. Act 3 \ 69 

Hours, daily session. Sec. 23 68 

Interest due township. Art. 257 13 

Number pupils required in schools. Sec. 13 68 

Option which school children attend. Sec. 17 23 

One dollar assessment. Sec. 11 20 

Poll tax, application of. Art. 252 11 

Sectarian schools : public funds. Art. 253 11 

Special school laws 90 

Suspension of pupils. Sec. 61 70 

Teacher's register and monthly report. Sec. 60 35, 70 

Teacher's certificates and contracts. Sees. 56 and 54. . 45, 44 

Teachers exempt from .iury service. Sec. 2 69, 70 

Teachers neglecting to comply with regulation. Sec. 61 70 

Teachers exempt f rem examination. Sec. 59 46 

Temperance, Sec. 1 68 

Text-books, Sec. 2 ^ 69 

School Teeasueees — 

Appointed, how. Sec. 65 35 

Bond of the Treasurer. Sec. 66 35, 36 



117 

Page. 
Bond, copy of same sent to State Treasurer and Superintendent, Sec. 66 

•••• 35, 36 

Bond, guarantee company's, Act 71 36, 37 

Books, transfer of, Sec. 67 ;-!7 

Compensation, Sec. 69 37 

Dusbursement of funds, Sec. 68 37 

Funds, transfer of, Sec. 67 37 

Reports to School Boai-ds and to State Superintendent, Sec. 70. . .38, 54, 55 

Report (semi-annual) to State Auditor, Sees. 1 and 3 26, 38 

Report (semi-annual) to Clerk of Court, Sec. 2 38 

• Sixteenth section sales (See "Sale of School Lands" * 52, 53, 54 

Treasurer's duties in collection of notes. Sec. 2 38, 39, 56 

Supreme Court Decisions — 

Branches of study 97 

Certificate of indebtedness 91 

Debts of defunct institutions 91 

Discharge of an ofiicer 99 

Discipline 97 

^ Ex contractu obligation 92 

Errors in apportioning funds 99, 100 

Excerpt from Blackstone 99 

Free school bonds 92 

Illegal charges ^ lOO 

Limitation of contract 92 93 

Powers of school committee 98 - 

Privileged communications 98 

Rules and regulations 100 

Recovery of fund 92, 93 100 

Rate of compensation to teachers l 99 

School property exempt from seizure 97, 98 

Sixteenth section ^ '. . gg 

Suits by State Superintendent 97 

Suretyship 94 

Sale of warrants » 93 

Tender of school lands 9.3' 94 

Taxation 94, 95^ 96 

Treasurer and sureties 96 

Teachers' Institutes — 

Summer Normal Schools: 

Credits for attendance (28) 108. 109 

Certificates issued, Sec. 46 40, 41, 42 

Conductor, State ; how appointed. Sec. 45 40 

Conductor's services, Sec. 45 40 

Conductor's report. Sec. 47 41 

How maintained. Sec. 43 40 

Preference to holders of Summer School certificates. Sec. 46 40 

Special Institutes: 

Attendance, Sec. 44 40 



118 



Page. 

Notice of, Sec. 44 40 

Salaries of teachers not reduced, Sec. 44 40' 

Wliere "held, Sec. 44 40' 

MIonthly Institutes: 

Attendance, obligatory, Sec. 35 . . . . 41 

Institute manager. Sec. 39 42 

Institute Fund, Sec. 40 42" 

Membership. Sec. 37 41 

Not applicable to New Orleans, Sec. 41 42' 

Penalty for Superintendent's absence. Sec. 36 41 

Roll 'of members, Sec. 38 42- 

Report of Superintendent relative to institutes, Sec. 43 42, 43: 

When held. Sec. 34 . . . 4 J 



LBJe'08 



